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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. On June 13, 2015, the Plaintiff concluded a housing fire insurance contract (hereinafter “instant insurance contract”) with the content of “the insurance period from June 13, 2015 to June 13, 2016,” including “the head of each apartment unit, the head of each household in the case of the insured, and the building on the ground and the general household (including attached facilities) in the Daejeon Seo-gu, Daejeon.”
B. On April 7, 2015, a lessee who resided in the above apartment Nos. 708, 1203 (hereinafter “instant apartment”) (hereinafter “Lessee”) purchased food drying machines (FD-3300 Ap; hereinafter “the instant drying machines”) manufactured and sold by the Defendant and used them in the multi-use apartment of the instant apartment. On November 14:17, 2015, a fire due to electrical factors (hereinafter “instant fire”) occurred in the said multi-use apartment building and the instant apartment building and the said multi-use apartment building and the instant apartment building were destroyed by fire.
C. On January 4, 2016, the Plaintiff paid KRW 39,018,224 to D owner of the instant apartment on January 12, 2016, KRW 3,371,371, and E (the owner of the instant apartment 708, 1205) as the insurance proceeds from the instant fire, including KRW 42,86,563, in total, to the lessee of the instant apartment 42,86,563 on January 12, 2016.
【Ground of recognition】 The fact that there is no dispute, Gap 1 through 4, and 7 evidence (including paper numbers), the purport of the whole pleading
2. The parties' assertion and judgment
A. The gist of the Plaintiff’s assertion 1 lies in the manufacturing defect of the instant drying machine manufactured by the Defendant. As such, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant fire in accordance with the Product Liability Act or the legal principles of tort liability under the Civil Act. The Plaintiff paid KRW 42,886,563 with the insurance proceeds caused by the instant fire, and thus, by subrogation of the insurer.