1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with C as to D vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is a company engaged in the sn beam processing tools manufacturing business, sales business, etc.

B. On March 5, 2015 or around that time, the Plaintiff’s vehicle was parked in the gas station located in Seo-gu Incheon Metropolitan City E (hereinafter “instant gas station”). However, there was an accident where foreign substances, such as paint, were scattered, and the Plaintiff’s vehicle was involved in an accident.

(hereinafter “instant damage”). C.

On March 12, 2015, the Plaintiff paid KRW 1,300,000 (hereinafter “instant insurance proceeds”) at the cost of repairing the Plaintiff’s vehicle on the basis of the instant comprehensive automobile insurance contract.

[Reasons for Recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1 evidence (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. While conducting painting operations at the Defendant’s place of business located near the Plaintiff’s gas station, foreign substances, such as paint, were scattered, and the Plaintiff paid the instant insurance proceeds as the insurer, the Defendant, as the insurer of the Plaintiff’s vehicle, is liable to pay the instant insurance proceeds and damages for delay thereof to the Plaintiff who subrogated the victim.

B. Since the Defendant’s workplace located in the vicinity of the instant gas station moved to another place prior to the date of occurrence of the instant damage, the instant damage was not caused by the Defendant’s work, and the Plaintiff filed a lawsuit against the Defendant under the Incheon District Court Decision 2017 Ghana50863 against the Defendant and filed a claim for the payment of the instant insurance money, and thus, the Plaintiff’s claim of this case is without merit.

3. Comprehensively taking account of the written evidence No. 7 and the purport of the entire argument, painters, etc. while conducting painting operations at the defendant's workplace located adjacent to the gas station of this case.