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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the cancellation part shall be revoked.
Reasons
1. Basic facts
A. The insured who entered into an insurance contract: The insurance period of the C-owned D 220 metric tons (hereinafter “the instant C-owner”): From September 5, 2012 to September 5, 2013: the Plaintiff entered into a comprehensive insurance contract for construction equipment (hereinafter “the instant insurance contract”) with the Plaintiff’s Intervenor (hereinafter “C”) who engages in the C-owner rental business in the name of “C” (hereinafter “C”).
B. On August 23, 2012, the Defendant (i) who operates a scrap metal retail company with the name of “E” (the F, its son, was directly engaged in all the business related to the instant case; hereinafter in this case, the F’s act related to the instant case is deemed to be the Defendant’s act) entered into a contract with “Gunsan City G Corporation” (hereinafter “instant construction”) from a new industry of a limited liability company (hereinafter “new industry”) as of August 23, 2012, the contract amount was set at KRW 16,50,000 to KRW 18,700,000, and the scheduled date of commencement was set at August 28, 2012.
(2) For the instant construction project, the Defendant leased from C the instant strh driver’s license to KRW 3,500,000, including the pilot, for rent of KRW 3,500.
(hereinafter “the lease of this case”). C.
The occurrence of the instant accident occurred while H, who operated the instant vehicle and carried out the instant construction, caused an accident that damages the parts of the halog, which was dismantled around 09:00 on September 15, 2012, to go on the back of the instant vehicle, due to the collapse of a part of the steel structure of the A halog halog Cre, resulting in the instant vehicle boom by being boomed by the instant vehicle booms, and the instant booms were put into the sea and entered into the sea and the instant booms, booms, caretss, etc. (hereinafter “instant accident”). D.
C and Jinjin Industry Agreement (1) C is based on a written estimate issued by K (hereinafter “K”) to the Defendant immediately after the instant accident.