1. The part of the judgment of the court of first instance against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Defendant.

1. Facts of recognition;

A. The Plaintiff concluded a fire insurance contract with the council of occupants’ representatives and the insurance period from November 16, 2013 to November 16, 2014 in which the Plaintiff entered into a contract with the council of occupants’ representatives for fire-fighting and the company that manufactures and sells the kimchi air conditioning (hereinafter “Defendant Ba”), with the content that compensates for damage where damage is incurred due to fire in the entirety of the foregoing Ba-gu B apartment in Busan Geum-gu and the household Ba-gu located in the above building. The Defendant Masan Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Ba”), is an insurer that entered into a contract with the Defendant Ba for product liability insurance for the kimchi air conditioning.

B. C residing in the above B apartment No. 201, 301 (hereinafter “the apartment of this case”) was installed and used in the main bank of the apartment of this case, the kimchi cooling house for the establishment and use of the B apartment of this case (the model name DD 1234RD, hereinafter “the instant kimchi cooling house”) in the Guideia manufactured and supplied in 2001.

C. On December 3, 2013, at around 20:00, the fire (hereinafter “instant fire”) started in the lower right part of the kimchi cooling house in this case, and the instant apartment was partially damaged due to the instant fire.

On December 31, 2013, the Plaintiff paid KRW 15,020,926 as insurance money to C as stipulated by the fire insurance contract.

E. The Busan District Office of the National Institute of Scientific Investigation (hereinafter “the Department”) received a request for appraisal of the causes of the instant fire from the Busan District Police Station, and submitted an appraisal report with the following contents:

- The burning shape of a fire site is the shape in which only some parts of the places installed as a kimchi cooling house are burned, and considering the burning shape of the bottom of the right side and the burning shape of the bottom of the kimchi cooling station, it is presumed to have been first launched inside the lower right side of the kimchi cooling station and the lower right side. - Electric power resources furds at the lower bottom of the kimchi cooling station which may be limited to a