1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is an insurance company that entered into a comprehensive insurance contract with the non-party company C (hereinafter “non-party company”) on the building and machinery of the non-party company located in Busan Seo-gu.

B. The defendant is a company that carries on business such as manufacturing and repairing special vehicles in Busan Seo-gu G.

C. On January 21, 2017, around 10:54, the Defendant Company’s office caused a fire presumed to have an excessive heat from the office of the Defendant Company, and there was an accident of burning part of the building of the factory operation of the adjacent non-party company (hereinafter “instant fire accident”).

The Plaintiff requested H Co., Ltd. to calculate the amount of damages of the non-party company caused by the instant fire accident and the amount of insurance proceeds payable therefrom. After calculating the amount of damages of the non-party company, the said company prepared a statement of adjustment (hereinafter “instant statement of adjustment”) calculated by the amount of insurance proceeds to be paid by the Plaintiff in KRW 39,932,333 (the office Dong, which is part of the subject matter of insurance, shall be proportional to the insurable value because there is no damage to the office Dong, which is part of the subject matter of insurance) to the Plaintiff.

E. On June 19, 2017, the Plaintiff paid KRW 39,932,333 of the insurance proceeds to the non-party company based on the instant adjustment statement.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 2, or the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant fire accident occurred due to the fault of managing the heat apparatus used by the Defendant’s office, and the Defendant is obliged to compensate for the damages suffered by the Nonparty Company due to the instant fire accident.

The plaintiff is an insurer who has paid insurance money to the non-party company, who is the victim, and can seek direct compensation for damages to the defendant under subrogation by the insurer under Article 682 of the Commercial Act. Thus, the defendant shall pay the insurance money of 39,932,333 won paid by the plaintiff to the plaintiff, and damages for delay calculated from June 20, 2017, which