1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 18, 2014, the Plaintiff entered into a fire insurance contract (hereinafter “instant insurance contract”) with Brazil Co., Ltd. (hereinafter “Nonindicted Company”) with the following content.

Insured: Insurance object of the insurance of the non-party company: the insurance period of the building A (hereinafter referred to as the “instant building”), machinery (factory), electricity equipment and facilities (integrated with tensions): From December 18, 2014 to December 18, 2015.

B. On August 25, 2015, around 09:40, a fire was destroyed by a fire that occurred in a unit of a special and high-tension transformation device installed on the part of the instant building (hereinafter “instant installation structure”).

(hereinafter referred to as “instant accident”). C.

On October 12, 2015, the Plaintiff paid KRW 39,602,696 to the non-party company with the insurance proceeds of the instant accident (i.e., KRW 40,077,696 - KRW 475,000), the expenses for removing the remainder, KRW 2,171,325, and KRW 790,000, totaling KRW 42,564,021.

The Defendant is a manufacturer who manufactures the mid-term circuit circuiter (hereinafter “instant breaker”) among the parts installed inside the instant facility box.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 5 (including virtual numbers) and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion that the instant accident occurred due to the defect of the instant blockingr, and the Defendant is liable to compensate the Nonparty Company for the damages caused by the instant accident pursuant to the Product Liability Act or Article 750 of the Civil Act as a manufacturer of the instant blockingr. Therefore, the Plaintiff is liable to pay the insurance money and its delay damages paid to the Nonparty Company.

B. Although the Plaintiff’s assertion is unclear, the Plaintiff paid the insurance money due to the fire of the instant facility box, including the instant blocking machine, to the non-party company.