A. The Plaintiff is a company that mainly manufactures and sells agricultural machinery and materials for the purpose of manufacturing and selling them, with the trade name called D in the case of permanent stay at C, etc., who is engaged in the business of cultivating agricultural products, such as stoma, etc., and Defendant MTC (hereinafter “Defendant MT”) is a company that mainly produces and sells agricultural machinery and materials.

Defendant B is a person who sells agricultural machinery, etc. in the name of E from E to F at the time of stay.

B. On August 14, 2013, the Plaintiff purchased two agricultural heating systems (hereinafter “instant heating systems”) manufactured by Defendant MTC (hereinafter “instant heating systems”) in KRW 23.5 million, and installed them inside a vinyl house in D.

C. On December 16, 2013, at D’s plastic greenhouse, a fire occurred on or around 05:00 on December 16, 2013. As a result, an accident in which crops, such as a vinyl house, part of or a studio, etc., were destroyed (hereinafter “instant fire”). D.

The arrangement degree of the D vinyl, where the instant fire occurred, is the same as the attached drawing. The heating apparatus of this case and the auxiliary fuel tank were located in the vinyl B, and have been installed close to the Cdong of the vinyl house on the street, and the auxiliary fuel tank was located in a place approximately one meter away from the heating apparatus of this case to the Cdong of the vinyl house.

The main fuel tank was installed outside of the greenhouse Adong, and there was no slope inside the greenhouse house.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, 3, 6, 9, Gap evidence 2, Gap evidence 3-1, 2, 3, Gap evidence 4-1, 2-2, and the purport of the whole pleadings and arguments

2. Determination on the claim for damages against Defendant M&C

A. The gist of the Plaintiff’s assertion is that the fire of this case occurred due to the defect of the heating apparatus manufactured by Defendant M&C. As such, Defendant M&C is jointly and severally with Defendant B, a seller, in compensation for damages arising from the Product Liability Act or general tort = KRW 102,818,121, as well as agricultural heating.