1. The plaintiff's appeal and the claim added in the trial are dismissed.

2. The costs of the lawsuit after the appeal are filed are assessed against the Plaintiff.

1. Basic facts

A. (1) The Plaintiff is an insurance company that entered into an insurance contract between the owner B of the building located in Gwangju Mine-gu (hereinafter “instant building”), which covers the insurance period from January 29, 2014 to January 16:00 on January 29, 2015 (hereinafter “instant insurance contract”).

(2) The Defendant is a company that manufactures and sells business air conditioners, etc.

B. On the first floor of the instant building, three were killed in the first floor of the instant building on which it was impossible to find out the cause in the kitchen around 03:00 on March 8, 2014, when all employees were removed from the main office of “C (hereinafter “C”).”

(hereinafter “instant fire”). C.

On May 14, 2014, the Plaintiff paid KRW 7,515,223 of the fire insurance money under the instant insurance contract to B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion that the fire occurred because the fire occurred due to electrical causes, such as the cohesion inside the cooling house manufactured by the Defendant (hereinafter “instant cooling house”).

The defendant is the manufacturer of the defective coolant of this case, or as a tort under the Civil Act, the defendant shall be liable for damages caused to the building of this case.

The plaintiff, as the insurer B, exercises in subrogation the right to claim damages against the defendant under Article 682 of the Commercial Act.

B. (1) First of all, we examine whether there was a fire due to the manufacturing defect of the air conditioners in the instant case.

In full view of the records of Gap evidence No. 6, and the fact-finding results on the director of the Busan Science Investigation Institute of Research and Investigation of the court of first instance, the purport of the entire pleadings is as follows: (1) The main part of the main part of the instant case, which is installed directly adjacent to the air conditioners of this case, are the most serious part of the pleadings, and (2) the instant case.