1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. After concluding a contract with B (hereinafter “B”) for the construction of a new building of another fish-sale store in Gwangju-si, the Defendant completed the construction of the new building on February 10, 2013, and B completed the registration of initial ownership as to the building of another fish-sale store (hereinafter “instant building”) around March 19, 2013.

B. B, around May 2013, with respect to the instant building between the Plaintiff and the Plaintiff, concluded an insurance contract for “free dividends, ginseng, fire, property, insurance, indemnity insurance” with the term of coverage from May 28, 2013 to May 28, 2018, including, but not limited to, the amount of KRW 400 million, the damage insurance proceeds of the instant building.

C. Around October 2013, the instant building collapsed (hereinafter “instant collapse accident”) and the Plaintiff paid KRW 8,213,972 to B on December 10, 2013.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 8, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The parties’ assertion 1) The collapse accident of this case occurred due to the defect in the building newly constructed by the Plaintiff, and the Defendant is obligated to pay damages of KRW 8,213,972 and damages for delay in lieu of the defect repair to the Plaintiff who subrogated to the insurer for the damage compensation in lieu of the defect repair. 2) Since the Plaintiff paid the insurance money after the termination of the above damage claim by indicating the intention of offset against the damage claim as the automatic claim between the Defendant and B, the Plaintiff cannot be held liable for subrogation against the already extinguished damage claim.

(b) If the loss was caused by an act of a third party in accordance with Article 682 of the Commercial Code, the insurer who paid the insured amount shall, within the limits of the amount paid, acquire the rights of the policyholder or the insured with respect to the third party, but the insurer shall pay the insured amount and shall have the effect of subrogation.