1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 16, 2016, Non-Party C Co., Ltd. (hereinafter “Non-Party C”) was the owner of a gold-type manufacturing factory with the second floor size above the second floor above the ground surface below the ground surface of Dongjak-gu Seoul E (hereinafter “the instant damaged building”). On January 16, 2016, the Plaintiff entered into a contract on the instant damaged building and machinery as follows. The Industrial Bank of Korea, the mortgagee of the instant damaged building, established a pledge on the claim for insurance money under the said F contract.

- Insurance types: F - Insured: Non-party company - Insurance period: January 18, 2016 to January 18, 2017 - Building G Dong: 315,046,000 won (amount of insurance coverage) and buildings: 100,056,000 won, and machinery 72,090,000 won

B. On July 24, 2016, the Defendant owned and operated a J (hereinafter “J”) factory, a company specializing in the ethy and the ethyping of electronic and electronic equipment, located adjacent to the instant building. On the wind of the instant building, a fire occurred in the said J factory, and the said J factory is in a state of non-working at around 02:25 on July 24, 2016, and the fire occurred in the said J factory, and the adjacent building is non-explosible, and the outer wall of the instant damaged building is destroyed by the damage requiring the disbursement of KRW 48,663,268, the cost of restoring the damaged building to its original state, and the cost of removing the remainder.

(hereinafter “the instant fire accident”). C.

As an insurer of the F Contract for the instant building, the Plaintiff paid the Bank, the pledgee for the claim for the insurance proceeds, KRW 51,050,390 on February 13, 2017 (i.e., KRW 48,663,268 for the removal of the remainder of KRW 2,387,122) with the insurance proceeds from the instant fire accident.

The Gyeonggi Seosung-gu Police Station, the Gyeonggi-nam Police Agency, the Scientific Investigation Team, etc. investigated the cause of the instant fire, and all of the first point is presumed to be the J factory warehouse operation, but it is difficult to confirm the cause of the fire.