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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
A. On October 24, 2018, the Defendant concluded an insurance contract with the Defendant for business compensation (hereinafter “instant insurance contract”) under which the Plaintiff was the insured period from November 30, 2018 to November 30, 2019, the insurance premium of KRW 736,800 per month, and the secured contractor’s substitute amount of KRW 300 million per accident.
B. Of the terms and conditions of business liability insurance and special terms and conditions applicable to the instant insurance contract (hereinafter “instant terms and conditions”), the relevant provisions are as follows.
Article 3 (Compensation for Loss) of the General Terms and Conditions (Compensation for Loss) Company is bound to compensate for the following damages sustained by the insured as a result of legal liability to the victim due to an insured event which occurred during the insurance period within the coverage area under the Insurance Policy.
1. Statutory damage compensation liable for the insured to be paid to the victim;
2. The following expenses disbursed by the contractor or the insured:
E. The expenses incurred by the insured in complying with the demands of the company under paragraphs 2 and 3 of Article 12 (Settlement of Damages by the Company) are not covered by this contract under Article 4 (Non-compensationable Damages).
In the special terms and conditions, Article 1 (accident) of the General Terms and Conditions for the Business Liability Insurance to be compensated by the Company refers to the insured's possession, use, or management of the facilities as set forth below, and any contingency arising from the performance of the work in accordance with the use of the facilities.
Article 2 (Non-Compensation for Loss) The Company shall not compensate for the loss caused by the insured's liability to compensate for the following loss:
19. Liability for damages to be borne as a result of the completion or discarding of the work, and liability for damages to the goods themselves;
C. The Plaintiff is the Republic of Korea and fire-fighting systems.