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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurance company that entered into a comprehensive insurance contract with the Ulsan-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. (hereinafter referred to as “Nonindicted-gu Co., Ltd.”).
B. On January 23, 2018, around 23:14, the Plaintiff paid insurance proceeds of KRW 146,498,721 to the non-party company on June 21, 2018 due to the occurrence of fire in one of three (the first, second, and third mutual assistance units; hereinafter “the second mutual assistance units”) among the three (the first, second, and third mutual assistance units) units installed on the rooftop of the above company’s building (the fourth).
【Reasons for Recognition】 Each entry in Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. The instant mutual aid scheme, which caused the Plaintiff’s claim, is the product manufactured by the Defendant. The Nonparty Company established it around February 2012 and used it normally for about six years until the time of the instant fire. The instant fire occurred from the inside of the instant mutual aid scheme due to mechanical factors (heating, heating, and heating), and the Defendant presumed that the instant mutual aid scheme was destroyed due to the operation of the exhaustor by preventing the heat of the instant mutual aid scheme, but it did not function at the time of the instant accident, taking into account all the circumstances, such as the fact that the instant mutual aid scheme had a defect that caused the fire in its normal usage.
I would like to say.
Therefore, the Defendant cannot be exempted from liability for damages under the Product Liability Act with respect to the 92,025,258 won (i.e., the 146,498,721 won-the 54,473,463 won) other than damages (the 54,473,463 won) incurred only to the product from the 300 insurance proceeds (the 54,473,463 won), and the 54,463 won (the 54,463 won) incurred only to the product excluded from the scope of compensation under the Product Liability Act.