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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The pertinent Plaintiff entered into a fire insurance contract with A with the term of the contract on April 23, 2010 to April 23, 2015 with respect to the buildings, machinery, etc. of the 3rd floor, Orcheon-gu, Orcheon-gu B, Orcheon-gu.
D as the insured of the above insurance contract, D operates the “C”.
The defendant is a company that manufactures a cooling house kept in the office of "E".
B. On August 5, 2013, at around 02:45, a fire accident occurred, the part of the power source line of air conditioners and back left side of the lower left side of the air conditioners at the office of the above “E” is destroyed by a fire, and the machinery, etc. of the location is destroyed by a fire to the “F”, which is the next factory.
C. Under the above insurance contract, the Plaintiff paid KRW 172,658,617 in total to D, KRW 171,00,000 to the operator of F, and KRW 17,328,387 in total, KRW 360,987,00 to the Samsung Fire Marine Insurance Co., Ltd. as to the damage to the section for common use of buildings.
[Reasons for Recognition] Unsatisfy, Gap 1-3, 6 evidence, Eul 2, the purport of the whole pleadings
2. The Plaintiff’s assertion as to the cause of the claim occurred due to the fall or electrical factors caused by heating due to a defect in the coolant manufactured by the Defendant, and thus, the Defendant is liable to compensate for damages pursuant to Article 3 of the Product Liability Act.
The plaintiff acquired the right to indemnity against the defendant regarding the insurance money paid by the plaintiff.
The defendant shall pay to the plaintiff the indemnity amount of KRW 360,987,004 and damages for delay.
3. The instant fire, based on the judgment, is a state in which smoke is reduced due to the accumulation of heat, etc. as a factor such as excessive electricity, etc., when using the device for a long time, the heat, etc. was accumulated into the device. The occurrence of a stek due to the phenomenon of heat = Degradro, which occurred, and this was connected to the electric cable clothes, and is connected to the said electric source code.