The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to the reasoning of the lower judgment on basic facts, the following facts are revealed.

A A (hereinafter referred to as “A”) around 1998 entered into a purchase contract with the Defendant for the heat cogeneration power generation facilities (hereinafter referred to as “the instant development facilities”) (hereinafter referred to as “the instant purchase contract”). On October 31, 2000, a corporation (hereinafter referred to as “A”) handed over the instant development facilities from the Defendant and started driving around March 29, 2001.

B. On April 1, 201, around 10:34, among the instant power generation facilities, the occurrence of an accident involving damage to the total bundds of compressed machines and upper bundds, where one single bund (hereinafter “instant bund”) from among the 19th bund, consisting of two compresseds (hereinafter “instant bund”), was caused by damage to the wind, thereby damaging the empty bund and upper bundds, etc. (hereinafter “instant accident”).

C. On January 31, 2011, the Plaintiff entered into a comprehensive property insurance contract with A on the instant development facilities. The Plaintiff assessed the amount of damages of A as KRW 9,130,727,583 due to the instant accident, and paid KRW 8,276,734,589, which is a part of the amount of insurance coverage, as insurance proceeds.

2. Whether product liability is recognized (Ground of appeal No. 12)

A. Product liability is a liability to erase a manufacturer, etc. in a case where the safety of the product is not secured due to a defect that is normally expected to cause harm to the life, body, or health of the product.

Product liability is not recognized if the victim does not prove the defect of the product.

In addition, even if damage is caused by the defect of a product, the damage caused to the product itself is not subject to product liability due to the lack of conformity with the product.

B. (See, e.g., Supreme Court Decision 98Da35525, Jul. 28, 2000).