1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 19, 2015, the Plaintiff concluded an insurance contract for factory fire insurance with respect to factory buildings, inventory assets, etc. located in 100-48, Donggcheon-dong, Daegu-gu, Daegu-dong, 100-48, such as factory buildings, machinery, etc., located in 9-4, the insurance period was set from June 19, 2015 to June 19, 2016.

B. On June 22, 2015, around 16:55, the period of the foregoing insurance period, where the Defendant was in operation of a factory building located in Daegu-gu, Daegu-dong 9-4, 2015, extended from the 2nd unit of compresseds (hereinafter “instant compresseds”) manufactured and supplied by the Defendant to the non-party company to excessive heat, and thus, the factory buildings, internal machinery, etc. became small and medium damages.

hereinafter referred to as the "fire of this case"

(C) Under the foregoing insurance contract, the Plaintiff paid KRW 641,769,124 in total, including KRW 294,595,124,124 and KRW 347,174,00 on December 23, 2015, as insurance money, to the non-party company based on the said insurance contract. [In the absence of a partial dispute over the grounds for recognition, the respective entries and arguments stated in Gap’s 1,3 through 6, and 8 through 11, respectively, and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff's assertion that the fire of this case occurred due to the defect of the Otil Slaor inside the compressed machine of this case. The defendant is liable to pay the plaintiff the indemnity to the non-party company under Article 3 of the Product Liability Act and the Civil Act as the manufacturer of the compressed machine of this case.

B. The Defendant’s assertion 1 related to product liability: (a) manufactured and supplied the compressed machine of this case, which is a complete product with no defect in the non-party company, from May 1997 to August 2002; (b) the non-party company had used the compressed machine of this case for 18 to 13 years before the fire of this case occurred; (c) however, the company moved and installed the compressed machine of this case to an unexpected place after January 29, 2013; and (d) did not receive regular inspection and maintenance services; and (e) did not replace expendable products, such as daily separation.