The judgment below is reversed, and the case is remanded to the Seoul Central District Court.

The grounds of appeal are examined.

1. Review of the reasoning of the lower judgment and the record reveals the following facts.

On October 23, 2006, the Plaintiff concluded a free trade insurance contract (hereinafter “instant first insurance contract”) with A and the insured from October 23, 2006 to October 23, 2016, setting the insurance period as from October 23, 2006 to October 23, 2016.

The above insurance includes a guarantee of "liability for damages during daily life," which means that the insured or his/her spouse living together bears statutory liability for damages to another person's body or property due to an accident occurred during the ownership, use, management, or daily life of a house, within the limit of KRW 100 million.

B. On November 24, 2015, around 03:00 on November 24, 2015, B, a female employee of the main station A operated by A, caused the instant accident that saton the part of saton in the house of the Gyeong-gun A located in the Gangwon-do Crossing-gun C, and this led to the accident that saton the part above the end.

C. Meanwhile, two non-life insurance companies, Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “the Samsung Fire and Marine Insurance”) with the insurer (the maximum amount of KRW 100 million each, hereinafter collectively referred to as “instant Type 2 insurance”) and three non-life insurance with the Defendant as the insurer (the maximum amount of KRW 100 million each, hereinafter collectively referred to as “instant Type 3 insurance”) are identical to the instant Type 1 insurance and the insured interest.

The defendant did not pay insurance money on the ground that the accident of this case occurred by negligence.

Meanwhile, the Plaintiff and Samsung Fire and Marine Insurance concluded that the amount of damages that A shall compensate for is KRW 39,80,000,000, and agreed that it shall be borne according to the ratio of the amount of compensation for each of the instant insurance contracts Nos. 1 and 2. Accordingly, the Plaintiff’s Samsung Fire and Marine Insurance amounting to KRW 26,537,778, which is the amount equivalent to KRW 2/3,000, October 26, 2016, and the Plaintiff’s amount equivalent to KRW 13,262, the remainder of November 3, 2016, is equivalent to KRW 13.