1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive movable insurance contract between the insurance period from November 26, 2014 to November 26, 2015 by setting the object of machinery/general lease as the subject matter of insurance between the insurance period of the Plaintiff and the DNA Capital Co., Ltd. (hereinafter “dib Capital”). The Defendant is a company that engages in the manufacture, processing, and sales of polybane at a factory located at Pyeongtaek-si Schan 85 (hereinafter “instant factory”).

B. At around 01:50 on August 21, 2015, 4 factories, such as a combustion room, have been discharged from fire inside the factory of this case, and the fire was partially destroyed by a nearby factory, including a B factory located in Pyeongtaek-si A with fire.

(hereinafter “instant fire”). C.

On the other hand, the above B factory was occupied by C’s Pyeongtaek-type business place, and C was used in the above Pyeongtaek-type business place under the lease contract concluded between DB-type capital and DB-type business on December 11, 2014, under which C had been used in the above Pyeongtaek-type business place. In the process of the occurrence and extinguishment of the fire in this case, the two prices of the above private-type type business were contaminated by emulsion and the fire fighting water was polluted by the fire fighting water.

The Plaintiff paid insurance money of KRW 160,128,370 to the DNA Capital by November 12, 2015 with respect to the damage caused by the instant fire.

[Reasons for Recognition: Facts without dispute, Gap 1 through 4, Eul 6-2, Eul 1, 2 and 4, and the purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s summary of the instant fire ought to be deemed to have been caused by electrical or mechanical heating, etc., because the possibility of fire and fire extinguishment by a third party is excluded. The Defendant, as well as the thorough construction of the building to prevent the occurrence of a fire, was installed at an early stage in the event of a fire, and necessary fire safety facilities, etc. to prevent the early extinguishment of a fire and the expansion of neighboring buildings. However, a large quantity of buildings management are neglected.