The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The status of the parties is a corporation that runs a non-life insurance business under the Insurance Business Act, and the defendant is a corporation that manufactures and sells electrical machinery and appliances.

B. (i) On January 1, 2018, non-party D and C operated a restaurant with the trade name of G (hereinafter “instant restaurant”) on the lease of the 1 and 2 floors of the building located in the Nam-gu Seoul Metropolitan City F (hereinafter “instant building”) from Non-party D and E in Ulsan-si (hereinafter “instant building”).

Luxembourg concluded a property comprehensive insurance contract with respect to the instant restaurant and ancillary facilities as the insured by the Plaintiff and C, with regard to the amount of insurance coverage of KRW 230,000,000,000, and the insurance period from December 15, 2017 to December 15, 2020 (hereinafter “instant insurance contract”).

On December 29, 2018, when a fire occurred at around 1:30 a.m. at the instant restaurant (hereinafter “the instant fire”). As a result, the interior st and second floor of the instant building, the entirety of the electric st and second floors, and the main extension of the instant restaurant, the entire air conditioning facilities, air conditioning facilities, air conditioning facilities, storage, 3, and 4-story rooms were damaged and small.

Luxembourg Fire, 168,179,144 won in the instant building, and 20,942,090 won in the instant restaurant facilities, and 41,529,135 won in the house fixtures of the instant restaurant.

Fidelity, the Plaintiff, as an insurer, paid KRW 201,493,000 in total as insurance proceeds of the instant fire to C and H (hereinafter “C, etc.”) in accordance with the instant insurance contract on July 24, 2019.

(d)

As a result of the investigation on the cause of fire: (i) Ulsan Southern Fire Department - The air conditioning station of electrical material storage and the air conditioning line between air conditioning and air conditioning systems; and (ii) there is no electrical characteristics, such as shots; (iii) there is no distinctive features that can be presumed to be inflammable due to mechanical factors in the coolant, etc. located in mechanical material storage; (iv) there is no distinctive features that may be presumed to be inflammable on the spot, such as personal corrosion.