A. The Plaintiff is an insurer who entered into an insurance contract for non-profit Samsung Fire Property Insurance New Business with D operating a restaurant (hereinafter “instant restaurant”) on the first floor of the Seoul Yangcheon-gu Seoul building, with the name of “C” (hereinafter “instant restaurant”).

On the other hand, the defendant is a business operator selling or installing air conditioners, and he installed a middle air conditioner in the restaurant of this case on February 2012.

B. On July 25, 2012, around 23:03, a fire occurred in the vicinity of the air conditioners installed outside the restaurant of this case, and there was an accident that burns the instant restaurant buildings, facilities, and house fixtures (hereinafter “instant accident”).

C. After calculating the amount of damages sustained D due to the instant accident according to the said insurance contract, the Plaintiff paid KRW 43,138,146 around October 8, 2012, and KRW 44,470,742 as insurance proceeds.

The Seoul Yangcheon Fire Prevention Center analyzed the point and causes of the fire of this case as follows.

(1) The point of origin: At the bottom of the outer connection point of the arrangement duct installed to discharge the heat generated from the restaurant room of this case to the outsider. The above arrangement duct has increased together with the pipes leading to multiple kinds of electric wires and air conditioners, and a large number of electric power distribution points have been discovered at the bottom of the electric wires, the possibility of fire-prevention of the cause of origin is presumed to be low, the accumulation of high heat by the exhauster, the accumulation of heat generated from the arrangement line from the restaurant room, the accumulation of heat generated from the arrangement line from the restaurant room, and the accumulation of many electric distribution lines led to a combination of several electric distribution lines to a single pipe, and it is presumed that the long-term heat phenomenon in the electrical distribution line led to the physical combination of the third physical combination due to the carbon phenomenon in which the clothes of the apartment line were not loaded.

On the other hand, the defendant installs air conditioners in the restaurant of this case.