1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff, an insurance business operator, concluded an automobile insurance contract with the non-party Mt. Mt. B concrete mixtures (hereinafter “Plaintiff”) owned by the Plaintiff.

B. The Defendant is a corporation engaged in the construction of fish farm facilities, and was engaged in the construction of fish farms in Chungcheongnam-gun A, Chungcheongnam-gun, the place where the instant accident occurred.

C. At around 12:00 on November 27, 2014, Nonparty C, while driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle to build concrete on the manle located adjacent to the heat exchange equipment (hereinafter “instant heat exchange equipment”) owned by the Defendant in the vicinity of Tae-gun, Tae-gun, Taenam-gun, Chungcheongnam-gun (hereinafter “instant heat exchange equipment”), was shocked by the heat exchanger’s ion plate.

(hereinafter referred to as “instant accident”). D.

On December 16, 2014, the Republic of Korea received the instant accident from the Plaintiff.

E. The heat exchange machine of this case is destroyed.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The heat exchange of the Plaintiff’s assertion was not destroyed by the instant accident, and thus, the Plaintiff is not obligated to pay insurance proceeds.

B. Since the heat exchange machine of this case was destroyed due to the accident of this case asserted by the defendant, the plaintiff is obligated to pay damages to the defendant.

C. In light of the following circumstances, it is reasonable to view that the instant heat exchange contract was destroyed due to the instant accident, in view of each of the descriptions of evidence Nos. 1 through 3, witness C, D, and E, and the overall purport of the pleadings.

1) On November 2014, Nonparty E was a person operating fish farms in Chungcheongnam-gun A, Chungcheongnam-gun, Chungcheongnam-gun, and was brought about to purchase the instant heat exchange machine from the Defendant and install it in one’s own language. At the time of the instant accident, Nonparty E was in a state of putting the instant heat exchange machine out of its packing, without putting it out. 2) E.