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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 21, 2013, the Plaintiff entered into a fire insurance contract with ELN Global Co., Ltd. (hereinafter “ELN Global”), setting the total amount of insurance coverage as one billion won from the same day to October 21, 2014 from the same day of the insurance period, and setting the insurance amount as one billion won. The Defendant is an insurer who entered into the fire insurance contract with the Non-AWS SPS Co., Ltd. (hereinafter “Non-AWS”) on January 7, 2014 (hereinafter “Non-AWSS”), the insured Non-AWS SPSS, the insurance period from January 29, 2014 to January 29, 2015, setting the maximum compensation amount as three hundred million won.
B. On March 27, 2014, within the insurance period of each fire insurance contract, at an automobile factory located in Seongdong-gu Seoul Metropolitan Government, a fire accident occurred due to the bnbbbs on the side of the bnbs. (hereinafter “instant fire accident”). As a result, the damage was inflicted on the receiver, such as the ELNF Global, who kept the goods in the adjacent building.
C. On July 21, 2014, the Plaintiff paid insurance proceeds of KRW 783,251,492 under the fire insurance contract to ELN Global, and then filed a claim for reimbursement against non-nbbnbnter as Seoul Central District Court Decision 2014Kadan158839.
On July 3, 2015, Non-Wnbnb’s 267,618,891 won was recognized as KRW 1,289,081,501 for the Plaintiff’s total amount of damages incurred from the instant fire accident. The claim to reduce the amount of damages under Article 3(2) of the Non-Wnb’s Liability Act was partially accepted, and the amount of damages that Non-Wnbnb bears to the ELF global was recognized as KRW 773,448,90,00 for the total amount of damages.
Meanwhile, KRW 505,830,009 (won 1,289,081,501 won-783,251,492) out of the total amount of damage of ELN global is a loss not compensated by the Plaintiff’s insurance payment for ELN global (see, e.g., Supreme Court en banc Decision 2014Da46211, Jan. 22, 2015).