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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. The Plaintiff entered into each insurance contract between the Plaintiff and the Defendant with the Defendant, from September 1, 201 to September 1, 2012, the insurance period from September 1, 2011, to September 1, 2012, and the representative insured was the Plaintiff and each prime contractor with respect to the subject matter, and the Plaintiff and each prime contractor with respect to painting, painting, fireproofing construction, waterproofing construction, facility maintenance and management construction, the upper limit of compensation per capita amounting to KRW 200 million, respectively, with the upper limit of compensation per accident amounting to KRW 200 million (hereinafter “first insurance contract”); the insurance period on January 31, 2012 from February 15, 2012 to February 15, 2013; and each representative insured person entered into each of the instant insurance contracts with the Plaintiff and each prime contractor with the upper limit of compensation amount to KRW 200 million per person (hereinafter “the upper limit of compensation amount”).
The terms and conditions of each insurance contract of this case relating to this case are as follows.
(1) Article 10(1) of the General Terms and Conditions of the First Insurance Contract: The Company is bound to compensate for the loss to be borne by the insured due to occupational accidents caused to the insured workers (subject to insurance) in accordance with this Clause and the Special Terms and Conditions.
Article 1(1) of the Special Terms and Conditions: Damages under Article 10(1) of the General Terms and Conditions that a company bears shall not be paid by the insured (person insured) due to legal liability for damages in excess of the amount of compensation for damages under the Special Terms and Conditions and the Acts and subordinate statutes related to accident compensation (including other Acts and subordinate statutes concerning accident compensation, accident compensation, etc.
(2) Article 10 of the General Terms and Conditions of Insurance Article 2: The following losses sustained by the insured (person insured) due to an insured event set forth in the Special Terms and Conditions of Insurance, which occurred during the insurance period, by the company.