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1. The plaintiff's respective claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. As an insurance company running the insurance business, the Plaintiff concluded a F fire insurance contract (hereinafter “instant insurance contract”) with the content that, between May 20, 2018 and March 5, 2021, the insurance period is 950,000,000 won that compensates for losses caused by fire, etc. in the said subject matter of insurance, from the insurance period of May 20, 2018 to the insurance period of 950,000,000, with the insured Co., Ltd. (hereinafter “D”).
B. Defendant B (hereinafter “Defendant B”) is a company that manufactures and supplies four air conditioners used by D (hereinafter “instant air conditioners”). Defendant C Co., Ltd. (hereinafter “Defendant insurance company”) is an insurance company that entered into a contract with Defendant B for product liability insurance related to the air conditioners of this case.
C. On June 10, 2018, around 03:23, a fire was first caused in one of the air conditioners in the instant building, and the instant building, facilities, inventory assets, etc. were destroyed (hereinafter “instant fire”). D.
According to the results of damage assessment, the damage caused by the instant fire was investigated as a total of KRW 47,458,09, KRW 12,94,220, KRW 21,44,20, and KRW 21,896,431, and the Plaintiff paid KRW 80,765,895 out of the amount of the said damage to the insured D (= KRW 47,458,009, KRW 11,863,684, KRW 21,44,202).
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5 to 11 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion
A. The fire accident of this case occurred in the compressor line of the air conditioners of this case, and constitutes manufacturing defect, and Defendant B is a manufacturer, and the defendant insurance company is jointly with the insurer of the above defendant and compensate the plaintiff for the damage under the Product Liability Act.