구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts are C Co., Ltd. (hereinafter “C”) and industrial wood pellets (pellets pellets, pellets, pellets, etc.) made by crushing forestry wastes, cut trees, etc., and then compressed and processed with the length of 3 to 4cc and with the shape of the original pole within 10m from snick.
On July 10, 2013, the boiler (hereinafter “instant boiler”) entered into a sales contract, and manufactured and installed the boiler in the boiler room in the two sub-factory located in C, Chungcheong-gun, Chungcheong-gun, Chungcheong-gun, and completed delivery of the boiler.
The Plaintiff, as an insurance company, entered into an insurance contract with E as the insured with the following contents (hereinafter “instant insurance contract”).
E CF on January 6, 2017, a fire occurred in a boiler room in the above two sub-factory factories, and the boiler in this case was destroyed by fire and partly destroyed.
(hereinafter “the instant fire”). H Co., Ltd. (hereinafter “H”) which was entrusted by the Plaintiff to assess the net amount of the instant boiler as KRW 74,500,183.
On December 28, 2017, the Plaintiff paid KRW 73,500,183 (the above KRW 74,500,183 - Self-Payment KRW 1 million) to C according to the instant insurance contract.
[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings
2. The gist of the Plaintiff’s assertion revealed that the fuel pellets, which is the fuel of the boiler of the instant boiler, caused fuel pelpellets to be burned out, and dried up on the ground of the pelpellet inside the boiler of the instant boiler. The pelpeler was manufactured with inflammable fiber material, rather than inflammable material. As such, the fire of this case was caused by the fire of this case by moving the pelpellet generated from the boiler combustion of the instant boiler of the instant boiler of the same kind to the fuel shot out.
The boiler of this case manufactured by the Defendant and sold to C is the fuel as above.