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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.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) entered into a contract with the Defendant on July 9, 2008, under which the term “C” and “C” (hereinafter “instant construction”) entered into a contract with the Defendant to contract for KRW 363,000,000 of the construction cost of the E-factory construction work.
B. The Defendant concluded an insurance contract to guarantee the repair of defects between the Plaintiff and the insured C, the amount of insurance coverage of 10,890,000, and the insurance period of 30 September 30, 2008 to September 29, 2019.
C. On February 17, 2009, C demanded the Defendant to repair the defects of the roof water, and on February 18, 2009 and February 20, 2009, C dealt with the roof board and the camera connections.
Since then, as the number of roof leakages occurred again, C demanded the Defendant to repair the third defect on March 2, 2009, and the Defendant once again performed the aforementioned defect repair work on March 9, 2009.
Since then, as the number of roof leakages occurred again, C demanded the Defendant to re-compensation on April 22, 2009, but the Defendant rejected it on the ground that the additional construction is necessary.
C On May 28, 2009, on the part of the Plaintiff, filed a claim for insurance money against the defect caused by roof leakage, and on October 22, 2009, the Plaintiff paid KRW 5,000,000 as insurance money.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 2, 3 and 4, the purport of the whole pleadings
2. However, the plaintiff asserts that the plaintiff is obligated to claim the amount of the insurance money equivalent to the insurance money to the plaintiff who subrogated the claim for the repair expenses of the insured, as the defendant refused the repair of the defects, and the plaintiff paid the insurance money to the insured in accordance with the contract to guarantee the repair of defects.
However, it can be recognized by taking into account the above evidence and evidence No. 1 and the whole purport of the pleading.