구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and the reasons for the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, and thus, they are quoted by the main sentence of Article 420 of
2. The part to be mard;
A. The third part of the judgment of the court of first instance referred to “the instant deductible contract” as “the instant mutual aid contract”; and
B. Part 4 of the decision of the court's 4th page "the amount of mutual aid of a Pampco under the instant mutual aid agreement" is stipulated as "the amount of mutual aid corresponding to the damage part of the Pampco among the amount of mutual aid under the instant mutual aid agreement"; and
C. The 5th page “6% per annum as stipulated in the Commercial Act” is regarded as “legal interest or delay damages equivalent to 6% per annum as stipulated in the Commercial Act.”
3. Additional determination
A. The Defendant’s period during which the Defendant’s argument is liable to pay the insurance proceeds ought to be deemed to be within seven days from the time when the relevant data related to the amount of damages of each company reaches the Defendant and the insurance proceeds against the Pampco are determined
The insured of the instant mutual aid contract is 85 business owners, and the Defendant’s payment of insurance proceeds must undergo the investigation and confirmation procedure for the amount of damages to be paid by the Defendant, and there are unavoidable circumstances for delay in the process of confirming losses, such as failure of the companies to transmit data, so there is no reason for delay in the payment of insurance
Therefore, the legal interest or damages for delay in the plaintiff's claim is unreasonable.
B. In full view of the purport of the argument in the statement No. B or 2, Article 20 of the instant mutual aid agreement provides that “the Defendant shall promptly pay the mutual aid money when receiving the claim from the insured, and shall pay the mutual aid money within seven days if the decision is made to pay the mutual aid money.” Since the Defendant may recognize the fact that the Defendant received the claim for the mutual aid money immediately after the instant fire and requested the adjuster to make a claim for the damage assessment, the Plaintiff’s insurance money to the Pampco.