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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff entered into a D insurance contract with C Co., Ltd. (hereinafter “C”) and its insurance period from January 21, 2016 to January 21, 2021 to compensate for losses incurred by a fire accident, etc.
B. On November 1, 2016, at around 13:54, a fire occurred in the electric sets inside the warehouse of the first floor in Geumcheon-gu Seoul Metropolitan Government E-1 (hereinafter “instant electric sets”).
(hereinafter “this case’s fire accident”). [Grounds for recognition] The fact that there is no dispute, Gap’s entries in Gap’s evidence Nos. 1, 2, 3, 4, and 5, and the purport of the whole pleadings.
2. The gist of the Plaintiff’s cause of action is that the fire accident of this case occurred due to the defect of the electric set manufactured by the Defendant.
Although the defendant compensates for the damages suffered by C, the plaintiff is exempted from liability by paying insurance money to C as the insurer, and the plaintiff is claiming for reimbursement of the amount equivalent to the insurance money and delay damages to the defendant by subrogation of the insurer under the Commercial Act.
3. In order to be recognized that the instant fire occurred due to the defect of the instant electric set, at least the Plaintiff’s occurrence of the instant fire under normal use of the electric set, ② the instant fire accident occurred in the area under exclusive control of the Defendant, ③ the instant fire accident is proved to the effect that it does not occur normally without the defect of the electric set, and ③ the following circumstances that can be recognized by comprehensively considering the overall purport of the pleadings, namely, ① the failure was occurred on November 1, 2016 by the consumer who purchased the instant electric set in C and requested A/S, and F, a C employee, is sufficient to first check whether the instant electric set is operated by linking the control device suitable for the instant electric set.