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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff entered into an insurance contract with Nonparty B and the insured as B (insurance period from May 29, 2012 to October 26, 2016) and C (insurance period from October 26, 2011 to October 26, 2016). The Plaintiff entered into a contract with Nonparty B and the insured, including fire security in relation to the Jinju-si D 4 Eche division (hereinafter “the instant dental contract”), as shown below (hereinafter “the instant dental contract”). The “Specialized Policy on Property” (hereinafter referred to as the “Specialized Policy on Property”), which includes the details of the purchase of the building/building supplied object (hereinafter referred to as “won”) / Class 1 reinforced reinforced concrete slab 20,000 square meters of the 4th 214 m25 m214 m25 m20,014 m3/1 m200,000 total house fixtures/1 m20,000.
B. On January 2012, the Defendant supplied the instant dental surgery with the main body, monitors, etc. of assembly computers.
C. On April 9, 2012, around 19:26, a fire (hereinafter “the instant fire”) occurred within the 4 medical clinic of the instant dental license, resulting in damage to internal organs, such as the wall walls of the 3,4 medical clinic, and the ancillary equipment installed in the 3, 4 medical clinic, and the relevant medical clinic, such as nitro-ray 2, X-ray anesthesia, computers, and ceiling air-conditioning equipment installed therein.
According to the instant insurance contract, the Plaintiff paid the insurance proceeds of KRW 39,540,880,000, totaling KRW 5,665,730, KRW 30,675,150, KRW 320,000, KRW 39,540,880 to Nonparty F, who seized the claim against the Plaintiff under the instant contract, around August 6, 2012.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 7, the purport of the whole pleadings
2. Determination:
A. On the premise that the fire accident in this case occurred from the body of the computer supplied by the Defendant, the Plaintiff is liable for the safe manufacture and supply of the said body in assembling and selling the body of the said computer. Thus, the Defendant, who is a general tort or product liability, paid insurance money under the insurance contract in this case and subrogated the said right to claim damages against the Defendant, 39,540,880 won and its delay damages.