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(영문) 수원지방법원 2018.07.20 2017가합17583

손해배상(기)

Text

1. Defendant A’s KRW 217,262,093 as well as 5% per annum from August 25, 2015 to June 21, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing and selling food, and the Defendant A is an insurance solicitor belonging to the Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Company”).

B. Upon introduction by Defendant A, on May 4, 2015, the Plaintiff entered into a non-distribution spectrum comprehensive insurance contract (hereinafter “instant fire insurance contract”) with the Defendant Company, which covers damage caused by fire as to the Plaintiff’s products, raw and subsidiary materials, machinery, office fixtures, and interior facilities, and received an insurance policy, with the following main contents.

The actual cost of the Plaintiff’s insurance premium and accumulated insurance premium: 260,000 won / 111,442 won: The actual cost of the Plaintiff’s insurance premium payment: 150,000,000,000,000 as security of the insurance premium (cost) covered by the property collateral, and 41,950 - The maximum amount of the subscription amount per subject matter in case of fire, loss and fire-fighting loss, and escape loss - the maximum amount of loss per subject matter in case of fire - the cost of dismantling the remainder at the site of the accident, cleaning cost (including the cost of removing pollutants) and expenses loaded on the other hand within 10% of the amount of damages. < Amended by Presidential Decree No. 16934, Jan. 19, 200; Presidential Decree No. 17069, Feb. 19, 200; Presidential Decree No. 170653, Feb. 19, 200; Presidential Decree No. 17000, Mar. 30, 30000

C. Upon receiving the Plaintiff’s demand from the Plaintiff to raise the amount of the accumulated premium to be refunded upon the expiration of the contract term, Defendant A prepared an application for approval to modify the fire insurance contract, which changes the contents of the instant fire insurance contract to increase the accumulated premium out of the insurance premium and to limit the subject matter to the instant building, and submitted it to the Defendant Company with the Plaintiff’s official seal affixed thereon. The Defendant Company is above on May 28, 2015.