The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

1. Basic facts

A. On May 2018, the Plaintiff is the insured who entered into a factory fire insurance contract (hereinafter “instant insurance contract”) with the Defendant, setting the insurance amount of KRW 117 million for a factory of 392 m2 (hereinafter “the subject matter of the instant insurance”) at the Ganannan-gun, Haan-gun, Gyeongnam-gun, for a factory of KRW 117 million, and the insurance period from May 11, 2018 to May 11, 2019, with the period of KRW 16:00 (hereinafter “instant insurance contract”).

B. On March 27, 2019, around 14:54, a fire occurred in the “E” operated by D located in the Haan-gun, Haan-gun (hereinafter “instant fire”), and the fire was destroyed by a factory owned by the adjacent Plaintiff, and the fire was destroyed by the instant insurance object, machinery, equipment, and fixtures.

C. The total amount of damages incurred to the Plaintiff due to the instant fire is KRW 249,486,989. Among them, the amount of damages incurred to the instant subject matter is KRW 57,023,291, and the Defendant paid KRW 33,107,254 to the Plaintiff on June 13, 2019.

On September 3, 2019, the Plaintiff agreed to the amount of D’s liability for the instant fire as KRW 174,640,000, which is equivalent to 70% of the total amount of damages, considering the limitation of liability under the Act on the Liability for Fire Caused by Negligence.

E. The Defendant received KRW 16,00,260,00 from the F Co., Ltd., an insurance company affiliated with D (hereinafter “F”) as the indemnity amount relating to the instant fire.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the amount of damages remaining after the Defendant’s insurance proceeds out of the total amount of damages caused by the instant fire is KRW 216,379,735, and the amount of the D’s liability is KRW 174,640,00. This constitutes a case where the remaining amount of damages that are not compensated from the Plaintiff’s total amount of damages exceeds the amount of the D’s liability for damages. Thus, the Defendant cannot exercise the insurer’s subrogation right.