1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On October 30, 2018, the Plaintiff is an insurer who entered into an E insurance contract (hereinafter “instant insurance contract”) with the content that compensates for damage caused by fire in the building of the said apartment and the household's household for one year in the insurance period by designating the owners of the said apartment as the insured on October 30, 2018.

On December 21, 2018, around 11:14, at the Seocho-gu Seoul Metropolitan Government D ApartmentF, a fire presumed to have been dried by an electricity ion mat, which was caused by an excessive heating line, due to the occurrence of an accident by fire that occurred in the building of the above F and G and the household of the building of the above F and G, while the electric ion matr was covered by bedclothess on the electrical ion matry mat.

(hereinafter “instant fire”). On May 22, 2019, the Plaintiff paid insurance proceeds of KRW 33,556,780 to the insured on May 22, 2019, following an investigation by a damage adjusting corporation.

[Ground of recognition] The Plaintiff’s assertion as to the grounds of claim as to Gap’s evidence Nos. 1 through 4, and the ground of claim as to the overall purport of the pleadings is that the fire of this case occurred due to an electric heat set used in the above F (hereinafter “the product of this case”)’s defect that does not meet the safety and durability ordinarily required as a product.

The product of this case is sold after the Defendant, a personal entrepreneur, as the Defendant’s representative, requested I Co., Ltd. (hereinafter “I”) to produce the original trademark (so-called OEM) by using the trademark “H” as its trade name, and the Defendant constitutes a manufacturer as indicated in Article 2 subparag. 3 (b) of the Product Liability Act.

Therefore, the defendant is responsible for compensating the victims of the instant fire in accordance with the Product Liability Act, and the plaintiff is the insurer to pay the insurance money to the victims, thereby claiming damages against the victims.