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(영문) 청주지방법원충주지원 2017.10.19 2016가단22052

보험금

Text

1. The Defendant’s KRW 57,439,530 as well as 5% per annum from June 29, 2016 to October 19, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On October 29, 2015, the Plaintiff entered into an automobile insurance contract with the Defendant for business (hereinafter “instant insurance contract”) with respect to gold construction machinery, a rental company (hereinafter “gold construction machinery”), which is a rental company that has installed construction machinery, etc. at a cycle (hereinafter “gold construction machinery”). The gold construction machinery entered the Plaintiff’s address into the automobile insurance contract with the Defendant as “Seongcheon-gun, Jincheon-gun, Chungcheongnam-gun, Gyeongcheon-do, 315-5 102, which is the seat of the Defendant’s office.”

B. The Plaintiff paid KRW 4,122,660 under the instant insurance contract in four installments by June 29, 2016. On October 29, 2015, the Plaintiff paid KRW 1,443,000 per one premium to the Defendant on a one-time basis, but did not pay KRW 1,030,720 on two occasions, which is the due date for payment.

C. According to the statements in the evidence Nos. 4-1 and 2 of Jan. 7, 2016, the Defendant is deemed to have dispatched the “fest payment notice for installments” on January 7, 2016. According to the statements in the evidence No. 4-3, the Defendant is deemed to have received at a post office on January 18, 2016.

The letter of demand for payment (hereinafter referred to as “instant letter of demand for payment”) was sent to “Yongcheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, 315-5 102, which is the location of the office of Geumsung-gun, and C received the said letter of demand for payment on January 20, 2016 by employees of Geumsung-gun Construction Machinery.

The Plaintiff, at around 17:00 on February 3, 2016, when the Plaintiff did not pay two times insurance premiums, caused an accident where the instant vehicle was sleeped while driving the instant vehicle in the Audio-gun D (hereinafter “instant accident”). The Plaintiff caused an accident that led to shocking between the building and the telegraph of the text and the telecommunication (hereinafter “instant accident”).

E. Upon the occurrence of the instant accident, the Plaintiff notified that the instant accident occurred to the Geumsung Construction Machinery, and, at around 17:50 on the same day, it was defective that the employees of the Geumsung Construction Machinery failed to pay twice the premiums, the Plaintiff required to pay twice the premiums to the Geumsung Construction Machinery. The Defendant’s employees on February 4, 2016.