Of the judgment of the first instance, the part against the defendant shall be revoked, and the plaintiff's claim corresponding to the revocation shall be dismissed.

1. Basic facts

A. On May 4, 2018, the Plaintiff purchased a BMW 530i vehicle (hereinafter “instant vehicle”) from the Defendant to receive KRW 78,00,000,000, and was expected to receive the instant vehicle on May 4, 2018, and purchased from the Defendant on April 25, 2018, a “C” (hereinafter “instant product”) to be built on the said leather in order to protect the leather of the instant vehicle from the Defendant’s operational website.

B. On May 4, 2018, the Plaintiff, who received delivery of the instant vehicle, executed the instant product directly by placing it on the leather, but became ice to the extent that it is impossible to recover the said leather.

C. The term “quality labelling under the Act on the Registration, Evaluation, etc. of Chemicals” at the bottom of the left side of the instant product was indicated as “production country/company name: Korea/D, address: Geumcheon-gu Seoul Metropolitan Government E, contact number: F, and English in the opposite bar code.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 10 evidence, Eul evidence 1 to 4, and 7 evidence (including the number with each number), the purport of the whole pleadings

2. The purport of the Plaintiff’s assertion is that the replacement of the entire sets is inevitable due to ice ices that occurred as above. Since the replacement cost requires 13,29,30 won and the rental cost of the same kind of vehicle during the repair period is 8,220,00 won, the Defendant shall compensate the Plaintiff for 15,063,531 won (13,29,30 won) x 70% of the Defendant’s fault ratio out of the Plaintiff’s above damages pursuant to the following responsibilities:

In the meantime, the Defendant constitutes a manufacturer under Article 2 subparag. 3 of the Product Liability Act or a person who misleads the Plaintiff as a manufacturer. Since the Plaintiff caused property damage due to the defect in the indication of the instant product, the Defendant is liable to compensate for the damage under Article 3(1) of the Product Liability Act.

B. Preliminary, the Defendant raised objection to the Plaintiff.