A. On October 5, 2016, the Plaintiff concluded a fire insurance contract with Nonparty D apartment (hereinafter “instant apartment”) with the council of occupants’ representatives regarding the instant apartment located in Yangcheon-gu Seoul, Yangcheon-gu, with the insurance period of 1 year as to the instant apartment, 34 Dong and its household building located in Yangcheon-gu Seoul.

B. On October 21, 2016, a fire from the apartment F of this case (hereinafter “instant fire”) occurred, and the said subparagraph was loaded and the said subparagraph was spreaded to another household.

Until March 6, 2017, the Plaintiff paid insurance money of KRW 70,166,867 to Fho Lake owner. The Plaintiff calculated the remainder of the burning generation’s amount of damages as stated in the attached Table and paid insurance money of KRW 30,092,687 in total.

C. The instant fire occurred due to the defect of the hedged, manufactured and sold by Defendant B.

On July 29, 2016, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into a product liability mutual aid agreement (hereinafter “instant mutual aid agreement”) with Defendant B (G), setting the period from July 21, 2016 to July 24:00 to July 21, 2017, with the insured G, the maximum compensation amount of KRW 100 million, and the period of mutual aid.

【Ground of recognition】 The fact that there is no dispute, Gap's evidence Nos. 1-4, the purport of the whole pleadings

2. Determination

A. Since the instant fire, which limits liability for reimbursement and liability, was derived from the defect of the hedge machine manufactured and sold by Defendant B, Defendant B is liable for compensating for damages caused by the instant fire pursuant to Article 3 of the Product Liability Act.

In accordance with Article 724(2) of the Commercial Act, the defendant company that entered into the instant mutual aid agreement with the defendant B is liable to compensate for damage caused by the fire of this case within the scope of compensation limit.

The Plaintiff paid insurance money to the owner of the instant apartment due to the instant fire, and thus, can be claimed against the Defendants in accordance with the insurer subrogation doctrine.

However, the cause of the instant fire, the details of the spread of combustion and damage A.