1. All of the plaintiff's claims are dismissed.

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

1. Facts of recognition;

A. The Plaintiff between the insurance period and the Han Bank Co., Ltd. (hereinafter “I Bank”), set from March 30, 201 to March 30, 2012, the Plaintiff is an insurer who entered into a comprehensive property insurance contract with respect to the 15th floor of Gangnam-gu Seoul Building leased by the Bank from Defendant A and B (hereinafter “instant building”). Defendant A and B are the owner of the instant building, and Defendant O&WK is the controlled entity of the instant building.

B. On December 27, 2011, at around 12:30, a fire occurred in the air conditioners located at the middle of the 15th floor of the instant building at the 15th floor bank’s computer machinery room, and the computer equipment, communications equipment, etc. owned by one bank were boomed or damaged (hereinafter “instant fire”).

C. On March 21, 2013, the Plaintiff paid KRW 39,994,153 to the Han Bank with the insurance proceeds from the instant fire.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Plaintiff’s assertion that the fire of this case occurred due to the defect in the installation and preservation of the Defendants’ structures responsible for the maintenance and management of the facilities of the building of this case. Thus, the Defendants are jointly and severally liable to pay the above insurance money and the damages for delay to the Plaintiff, who acquired the right to claim damages by subrogation of one bank due to

3. The defect in the establishment and preservation of a structure under Article 758(1) of the Civil Act refers to a state in which a structure fails to meet the ordinary safety requirements according to its use. In determining whether such safety requirements are met, the determination shall be based on whether the installer and the preservation of the structure has fulfilled the duty to take protective measures to the extent generally required in light of the social norms in proportion to the risk of the structure.

Supreme Court Decision 2013Da1921 Decided May 23, 2013