구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
가. 당사자들의 지위 원고는 보험업법 및 관계법령에 의해 영위 가능한 보험업 등을 목적으로 하는 주식회사이고, 피고는 토목건축공사업 및 도급업 등을 목적으로 하는 주식회사이다.
B. 1) The Plaintiff entered into an insurance contract with A and B (hereinafter “B”) with the insurance period from June 8, 2016 to June 8, 2017, and the contractor A and the insured from June 8, 2017.
(1) 2,353,100 total insurance premium (temporary payment), 2,353,100 won, 100 won across the country at which the subject matter C (hereinafter referred to as “the subject matter”).
) A sales liability insurance contract to be made (hereinafter “instant insurance contract”)
2) Of the insurance policy under the instant insurance contract (hereinafter “instant insurance policy”), the “joint policyholders/joint insured” list was indicated as the “owner” concerned, and the “security matters” list entered as the “special terms and conditions of waiver of subrogation rights” in the “security matters.”
3) Article 9 subparagraph 1 of the Business Liability Insurance Clause, applicable to the instant insurance contract, provides that "the company shall be liable for legal damage suffered by the insured (person subject to insurance) due to an insured event set forth in the special terms and conditions that occurred within the coverage period under the insurance policy (the insurance policy) or by causing damage to another person's body or damage to another person's property as a result of the occurrence of an insured event that occurs within the coverage period" (Article 9 subparagraph 1 of the Business Liability Insurance Clause provides that "the construction machinery business operator shall be liable for damage under the terms and conditions." Article 1 of the Special Terms and Conditions provides that "the insured shall be compensated for damage under the terms and conditions." Article 9 (Compensation for Damage) of the General Terms and Conditions that the company shall compensate for in accordance with the special terms and conditions means any accident that occurs from the possession, use,
"The waiver of the right of subrogation" is defined as "the waiver of the right of subrogation."