1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On July 16, 2014, the Plaintiff entered into a corporate comprehensive insurance contract with A and the insured, setting the insurance period from July 16, 2014 to July 16, 2015, with respect to the D hotel buildings located in Heung-gu C (hereinafter “instant building”) and its internal facilities, and fixtures and fixtures jointly owned by A and B, to compensate for losses caused by fire, etc. within the insurance coverage amount.

B. A around November 2013, purchased an electric boiler produced by the Defendant (a model name: DESP-70; hereinafter “instant boiler”) from the Defendant, and installed the boiler on the first floor below the instant building in order to supply heating and hot water to the instant building.

C. On December 17, 2014, around 23:30, a fire (hereinafter “instant fire”) occurred on the first floor underground of the instant building, and the inside the said underground floor machinery room, walls, electric installations, and interior fixtures of the guest room were destroyed or damaged.

After examining the damages caused by the instant fire, the Plaintiff paid KRW 40,000,000 as insurance money to A on February 13, 2015, and KRW 35,360,740 as of August 3, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Gap evidence 5-1 to 30, Gap evidence 6, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s allegation that the fire of this case occurred due to defects in the manufacture or installation of the boiler, since it was turned out to the upper part of the boiler of this case and the internal electric coarization.

Therefore, pursuant to Articles 3 and 750 of the Product Liability Act or Article 750 of the Civil Act, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant fire, and the Plaintiff is liable to pay the total sum of the above insurance proceeds and damages for delay.

B. The Defendant’s allegation that the instant fire occurred due to the sloping line connected to the boiler of this case, and the said fire was above.