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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 11, 2016, the Plaintiff concluded a comprehensive asset insurance contract for the purchase of insurance coverage amounting to KRW 70,000,000 (facilities), KRW 50,000,000 (house) and the cover period from January 11, 2016 to January 11, 2019, with respect to the facilities and office fixtures of the Young-si King practice room of Suwon-si (hereinafter “instant singing practice room”).
B. On January 24, 2018, around 02:30, from the electric code of the air conditioning machine (hereinafter “instant air conditioning machine”) installed on the front wall of the instant karaoke machine room 2, a fire presumed to have been burned out to the combustible materials such as electric clothes, etc. by the non-verification circuit (hereinafter “instant fire”). The fire occurred, and the facilities and office equipment of the instant karaoke machine were destroyed due to the fire.
C. On April 13, 2018, the Plaintiff paid KRW 32,287,028 as insurance money to E.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1, 2, Eul evidence 1 and Eul evidence 1 (including branch numbers), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The allegation E purchased the cold and hot blasts of this case manufactured by Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and had Defendant D establish them in the singing practice room 2.
The cause of the instant fire is presumed to have been caused by the trace of the power source code of the air conditioners of this case.
Since the fire of this case occurred due to the defect of the cold temperature, the defendant company, as the manufacturer of the cold temperature of this case, is obligated to compensate for all damages due to the fire of this case under Article 390 of the Civil Code, as the manufacturer of the cold temperature of this case, pursuant to Article 3(1) of the Product Liability Act or Article 750 of the Civil Code.
The Plaintiff paid insurance money to E in KRW 32,287,028, thereby acquiring damages against the Defendants in subrogation by the insurer.