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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 Defendant concluded a transportation contract with 10kw Energy Storage Connection System (hereinafter “instant loaded goods”) with the Plaintiff to transport the goods, including one unit, etc. (hereinafter “instant loaded goods”) from Seoul to Jeju-do. In order to prepare for cases where the Plaintiff and Jeju-do are liable for the liability of the loaded goods due to an accident that occurred in the course of transporting the instant loaded goods, the Defendant concluded a transportation contract for cargo liability insurance (hereinafter “instant insurance contract”) with the Plaintiff for the cargo liability for the amount of KRW 400,000 on April 9, 2014, the maximum amount of the loaded goods per accident, KRW 500,000,000 per insurance period, and KRW 50,000,000 per accident, and the insurance period from April 111, 2014 to April 11, 2015.
B. On April 15, 2014, the Defendant: (a) received delivery of the instant loaded goods from the place of business, Stex, Inc., Ltd. located in Seoul, from the place of business; and (b) loaded the instant loaded goods on the 5t truck (B); and (c) loaded the said vehicle on the Sewol ferry affiliated to the Cheongdong, Jeju Island, at the Incheon port.
C. On April 16, 2014, the Sewol ferry was sunken at the sea of 1.8 nautical miles from the Chonam-gun's Chonam-gun's Chonam-gun's Chonam-gun's Chonam-do's Chogdo, and the cargo of this case was also destroyed and lost.
(hereinafter “instant accident”). D.
Among the terms and conditions of the instant insurance contract, losses and losses not compensated by the Plaintiff, and definitions of terms and conditions are as follows.
Article 46 (Compensation for Loss) of the Insurance Terms and Conditions of Insurance shall be extended to the entrusted cargo resulting from an insured event that occurs during the course of transportation (business incidental to vehicle transportation and cargo) from the time when the owner is entrusted to the consignee with respect to the entrusted cargo which has been requested to enter into a transportation contract in his/her name or to act as a broker or an agent during the insurance period to the time when the cargo is delivered to the consignee.