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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. On January 13, 2011, the Plaintiff, as an insurer, concluded an institutional comprehensive insurance contract (hereinafter “instant insurance contract”) with A Co., Ltd. (hereinafter “Nonindicted Company”), setting the insurance coverage period from 16:0 to 16:00 on January 13, 201, the insurance period from 16:0 to 16:00 on January 13, 201, and the amount of the insurance coverage as property collateral security at KRW 6,384,98,00 on January 13, 201, and KRW 862,670,20 on corporate suspension security at KRW 862,670 (hereinafter “instant insurance contract”).
B. On February 11, 2009, the non-party company entered into a contract for the installation of power plants at KRW 7,150,000,000 and the construction period from March 2, 2009 to August 31, 2009, setting the warranty period from March 2, 2009 to August 31, 2009, under which the contract for the installation of power plants at KRW 1,000-W was to be installed in the above B (hereinafter “instant construction contract”), and completed the construction on July 2, 2009.
C. From July 2009, Nonparty Company concluded a power supply contract with the Korea Electric Power Corporation and operated the instant power plant as a private power plant that supplies solar electricity.
From February 10, 201, to February 13, 2011, a large number of snow was installed in the power plant of this case, and the water was stored on the solar batteries racks of part of the power plant of this case, and the water was stored in a lump sum when the snow flowed into the bottom of the power plant of this case, resulting in the collision with the bottom of the racker with the floor, causing damage to the solar batteries, the air-driven structure for the purpose of saving the solar and solar batteries, and the air-driven pipe connected to the air-driven.
(hereinafter “instant accident”) e.
Under the insurance contract of this case, the Plaintiff paid the insurance proceeds to the non-party company totaling KRW 357,076,172 as follows.
(1) Insurance proceeds of property damage related to the restoration of equipment and facilities of the instant power plant: 120,000,000 won on April 19, 2011; and 121,322,27 won on August 3, 201; and 241,322,227 won on a aggregate;