1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

On June 21, 2013, the Plaintiff is an insurer that entered into a general fire insurance contract with A, the insured, and the insurance period from June 21, 2013 to June 21, 2014, with respect to a building located in D-si B (hereinafter “instant building”) owned by B (hereinafter “instant fire insurance contract”). In the event of a fire, the Plaintiff is an insurer that entered into the instant fire insurance contract (hereinafter “instant fire insurance contract”).

A residing in the third floor of the instant building has continuously purchased and used a gas emitting range manufactured by the Defendant Company (hereinafter “instant emitting range”) around early 2006.

C. On March 6, 2014, at around 12:30, a fire (hereinafter “instant fire”) occurred on the third floor of the instant building. A fire was destroyed by fire-fighting, contamination, and indoor walls, ceilings, etc. of the instant building due to fire, and household appliances, furniture, electronic equipment, etc. located in the instant building.

The Plaintiff paid KRW 58,562,106 to A total of KRW 58,562,106 as insurance money for the part of the fire that occurred under the instant fire insurance contract.

【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 4, Gap's 7, 8, and 10, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff asserted that the fire of this case occurred due to the defect of the emitting of this case, and the defendant is responsible for compensating for damages suffered by A, the victim, based on product liability or tort liability under the Product Liability Act, as the manufacturing company of emitting of this case, and the defendant is liable for compensating for damages incurred by A, the victim, on behalf of the defendant, after paying insurance money under the fire insurance contract of this case to A, the victim, and thus, the defendant is liable to pay the above insurance money to the plaintiff and the damages incurred therefrom.

(b) the goods determined;