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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. As an insurer running a motor vehicle damage insurance business, the Plaintiff concluded a comprehensive motor vehicle insurance contract (hereinafter “each of the instant insurance contracts”) with each of the following motor vehicles (hereinafter “each of the instant motor vehicles”) with the following insured (hereinafter “each of the instant motor vehicles”):
Serial Insured Vehicle A A B B 2C 2D 3 E F 4 G H 5 IJ 6 K L 7 M 8 N. LAWD P P by the O9 LAWD LAWD P
B. At around 08:00 on October 11, 2013, the Defendant carried out a painting work at factory facilities at a factory located in the Sacheon-dong, Sacheon-dong (hereinafter “instant paint work”). On the basis of the foregoing paint, the Defendant laid a paint on each of the instant vehicles that were parked in the vicinity of the relevant factory, which was located adjacent to the relevant factory.
Accordingly, according to each of the insurance contracts of this case, the Plaintiff paid the insurance proceeds of KRW 9,502,100 (hereinafter “the insurance proceeds of this case”) to each of the insured in this case as follows:
The insurance proceeds paid by the insured vehicle Nos. 1 A B 600,000 2 CD 600,000 3 E F 500,800 4,802,100 GaH 500,000 5 IJ 600,000 K L 600,000 7 MN 600,0000 7 M 600,0000 8 L 600,000 8 L 600,000 9 L 600,000 / 600,000 / No. 1600,00 / [Grounds for recognition]. The entries in evidence No. 1, 2, and 3 (including additional numbers), the video products No. 1-2 through 7, and the purport of the entire oral proceedings by the chief of the police station as a result of the fact inquiry by each court.
2. Determination as to the cause of action
A. According to the fact that the claim for indemnity was created, the defendant neglected his duty of care to prevent damage to the nearby vehicles due to the damage caused by the paint in the course of performing the instant paint work, and thus, he shall ask the owner of each of the instant vehicles, which is the owner of each of the instant vehicles.