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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 2014, the Plaintiff entered into a contract of carriage arrangement business and the Defendant is an insurance company. (2) Around April 2014, the Plaintiff entered into a contract of carriage of goods (hereinafter “instant loaded goods”) including 100k-W energy storage linkage system (hereinafter “instant loaded goods”) from Seoul to Jeju-do. On April 9, 2014, the Defendant and the Defendant entered into a contract of carriage of the loaded goods (hereinafter “instant insurance contract”). Around April 9, 2014, the amount of the loaded goods amounting to 40 million won per accident, the maximum amount of compensation per accident, 50 million won per accident, the insurance period from April 11, 2014 to April 11, 2015.
B. (1) On April 15, 2014, the Plaintiff: (a) transported the instant loaded goods to Jeju-do; (b) loaded them to B5 tons of the instant loaded goods at the place of business, Jindong, Young-gu, Yung-dong, Seoul Metropolitan Government; and (c) loaded the instant loaded goods to the Incheon-do port; (b) on April 16, 2014, the Plaintiff started from the Incheon port and went to the Jeju-do port; and (c) on April 16, 2014, the Plaintiff landed the instant loaded goods at the 1.8 nautical miles-do coast from the Jeonnam-gun, Jindo-gun, Chungcheongnam-do; and (d) on April 16, 2014, the instant loaded goods loaded on the instant loaded goods to the 5 tons of the instant loaded goods. The instant loaded goods were also destroyed.
(hereinafter “instant accident”). 3 On December 10, 2014, the Plaintiff notified the Plaintiff of the occurrence of the instant accident and claimed insurance proceeds based on the instant insurance contract, and the Defendant refused to pay the insurance proceeds.
(c) Major terms and conditions related to the instant insurance contract among the general terms and conditions of cargo liability insurance applicable to the instant insurance contract;
Details are as follows:
Cargo Liability General Terms and Conditions
Ⅲ Persons subject to the Policy of Freight Forwarding (Subject to Subscription) under Chapter 3 (Subject to Freight Forwarding) of Article 45 (Subject to Subscription).