1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 5, 2014, the Plaintiff is an insurer who concluded a factory fire insurance contract between the non-party company Daejeon (hereinafter “instant factory”) located in the non-party company Daejeon-dong, Daejeon-dong, Daejeon-dong (hereinafter “the instant plant”) with the non-party company (hereinafter “non-party company”) for the insurance period from August 5, 2014 to August 5, 2015, with respect to the buildings, machinery, and movables of the non-party company (hereinafter “non-party company”).

B. Around 2005, the Defendant manufactured and supplied the building paths in accordance with the order of the non-party company (hereinafter “the building roads in this case”), and in relation thereto, issued a warranty insurance policy for defects on behalf of the non-party company from July 20, 2005 to July 19, 2007.

C. On March 8, 2015, around 13:48, a fire occurred in the building of the instant plant (hereinafter “instant fire”) due to the occurrence of a fire. The Plaintiff paid KRW 38,535,736 to Nonparty Company on September 25, 2015.

The Daejeon Police Station, which investigated the fire of this case, concluded internal investigation by reporting it as a cause unrest, and the fire proof board of the Dong department chief of the Daejeon Metropolitan City, the Daejeon Fire Station issued for the submission of an insurance company, is the cause of the fire, and the cause of the fire is “the mechanical factors / heating, and presumption of excessive load.”

The following contents are included in the fire site investigation document prepared by the above fire station:

2. Grounds for fire investigation: The mechanical factors (heating, nating, and nating) are presumed to be a fire that has been burned out of the parts of the electronic device because of the heat continuously accumulated while the fire was put into a transformerr (the instant dryingro; hereinafter the same shall apply). The fire is presumed to be a fire that has been burned out of the parts of the electronic device because of the heat continuously accumulated. 7. The point of combustion and the point of combustion and the point of combustion, the fire is limited to the inside of the transformerr; the fire is limited to the upper left side of the fire; the fire appears on the left side; and the machinery appears on the upper side; therefore, the left lower side of the machinery is determined as the point of combustion. The relevant person’s statement;