2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

A. On March 18, 2011, the Plaintiff is an insurer who has concluded a comprehensive property insurance contract with the Korea Army Headquarters (Ministry of National Defense: the Ministry of National Defense) during the insurance period from March 21, 201 to March 21, 2012.

B. On November 1, 201, around 19:32, an accident occurred that occurred in a boiler room of the first floor underground floor of residential facilities underground (hereinafter “the underground boiler room”) located in Goyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-si (hereinafter “Sayang-gu”) and damaged the inner walls of the boiler room, the ceiling pipeline facilities, etc.

(hereinafter referred to as “instant accident”). C.

On July 17, 2012, the Plaintiff paid KRW 9,811,974 to the Republic of Korea in accordance with the above insurance contract.

In the underground boiler room where the instant accident occurred, there were hot water boiler (KDB-1535RPG) and heating boiler (KDB-1035RPS) manufactured by the Defendant around September 2007.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6, purport of whole pleadings]

2. Determination

A. The Plaintiff’s assertion was caused by the defect of the boiler manufactured and installed by the Defendant.

The plaintiff acquired by subrogation the right to claim damages against the defendant by the Republic of Korea within the scope of the insurance money to be paid by subrogation under Article 682 of the Commercial Act.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 9,811,974 as damages based on the Product Liability Act.

B. (1) In order to impose liability on a manufacturer or seller for damages, there is a causal link between the existence of the defect, the occurrence of the damage and the occurrence of the damage. However, it is extremely difficult for the consumer to prove in the consumer the causal link between the defect of the product and the occurrence of the defect and the damage in a scientific and technical manner. Thus, the consumer proves in the consumer that the accident occurred in an area under the exclusive control of the manufacturer, and that the accident was committed by any person.