1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is an insurance company that entered into an automobile insurance contract with respect to Bchier HG car (hereinafter “instant automobile”) with the insurance period from April 28, 2015 to December 7, 2015, and the Defendant is a company that manufactures and sells the instant automobile.

B. A around 14:50 on August 11, 2015, a fire (hereinafter “instant fire”) occurred on the instant motor vehicle, which was under operation of the instant motor vehicle and passed through the road at the entrance of the girthal zone, the girthal zone, and the girthal zone, in the direction of Ulsan-gu, Ulsan-gu, Ulsan-do., the instant motor vehicle was destroyed.

C. On August 26, 2015, the Plaintiff paid KRW 29,881,00 and KRW 149,000 to Nonparty C with the vehicle insurance proceeds arising from the instant accident, respectively. On December 30, 2015, the Plaintiff paid KRW 1,320,000 for the identification cost, which is the fire of the instant accident, to Echina, a vehicle technology corporation, and collected KRW 40,00,000 on December 10, 2015.

【Ground of recognition】 Facts without dispute, entry of Gap evidence 1, 3 through 5, and purport of the whole pleadings

2. On July 30, 2015, during the period of free guarantee repair of the instant vehicle, the Plaintiff’s assertion A had been maintained by the Defendant’s Ulsan Service Center for the replacement of the projector inside the engine. Since the instant fire occurred due to negligence in the course of exchanging the projector, the Defendant is liable for nonperformance under Article 390 of the Civil Act or tort liability under Article 750 of the Civil Act.

As such, since the instant fire was issued on a selective basis due to the mechanical defect of the engine of the instant automobile, the Defendant is liable to compensate for the defect liability under Article 580 of the Civil Act or the Product Liability Act.

Therefore, the defendant shall pay the plaintiff who represents the insurer A the total amount of 30,950,000 won and damages for delay.