구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is an insurer that entered into an insurance contract with Nonparty B with “NEW (NEW)” with the following content:
Insurance types: policyholders and insured workers under the NEW coal : The location of B: the insurance period of the company located in the Chungcheongnam-gun Group C, and the insurance period of the D company from September 18, 2014 to September 18, 2024: the amount of the insurance covered by the fire (including explosion) covered by the special contract from September 18, 2014: 170,000,000 machinery and appliances of 80,000,000 total of 290,000,000 movables movables and movables of 10,000,000,000 movables and total of 2,00,000,000,000
B. Around December 2012, Nonparty B purchased from the Defendant the rasher equipment (C1290) that was imported and sold by the Defendant, and used it in the Da factory located in the Chungcheong-gun A (hereinafter “instant factory”).
C. On March 11, 2016, around 12:20, the fire occurred at the second floor of the instant factory, and Nonparty B suffered damage due to the loss of machinery, etc. kept inside the instant building and the factory.
On May 3, 2016, the Plaintiff paid KRW 63,047,752 as insurance money for the instant fire to Nonparty B.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 10, Eul evidence 1 to 9, the purport of the whole pleadings
2. Determination
A. The plaintiff asserted that the plaintiff is liable for damages under Article 3 of the Product Liability Act and Article 750 of the Civil Act, since the first outbreak of the fire occurred due to the defect, which existed in the racing machine of this case sold by the defendant, and the fire of this case occurred. The defendant claims that the plaintiff shall exercise the right to indemnity against the defendant about KRW 49,809,982, which deducts KRW 13,237,770 from the total insurance money paid by the plaintiff in accordance with the insurer subrogation doctrine under Article 682 of the Commercial Act by paying the insurance money to the non-party B.
B. The legal doctrine of judgment 1 is weak and highly advanced technology.