On February 16, 2010, the Plaintiff entered into a non-life insurance contract with A (B) for non-distribution comprehensive insurance Hi0910 (Basic PP) with B as the insured, and around January 27, 2011, with B as the insured, the Plaintiff entered into a non-distribution comprehensive insurance Hi04 (Child P) contract with B as the insured. The Defendant entered into a business compensation insurance contract with the oil company (hereinafter “non-party company”) that operates the Ebbow facilities (hereinafter “instant facilities”) around March 28, 2014.

B and C around 17:00 on May 3, 2014, around 17:00, when the non-party company operated the instant facility, was pushed down or falling down in order from the high wall structure located behind the instant facility that was operated by the non-party company, and due to which the non-party B was pushed down with C, thereby resulting in the accident that C suffered from the injury, such as “the outer section of the direction and the mouth of the opposite side,” etc.

(hereinafter “instant accident”). On October 10, 2014, the Plaintiff paid KRW 5,200,000 to C with respect to the instant accident.

[Ground of recognition] The non-party company asserted that Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and the purport of the whole pleadings, and the plaintiff's assertion that the non-party company contributed to the occurrence of the accident of this case as a manager of the facility of this case and contributed to the occurrence of the accident of this case and the ratio of negligence is 50%.

Therefore, the defendant, who is the insurer of the non-party company, is obligated to pay to the plaintiff the insurance proceeds of this case 5,200,000 won due to the accident of this case, and the damages for delay thereof, to the non-party company.

The defendant's assertion that the accident occurred due to the abnormal behavior B even though the non-party company took measures to prevent the accident.