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(영문) 대구지방법원 2015.09.10 2014가합8466

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B’s KRW 144,316,663 as well as 5% per annum from May 31, 2014 to September 10, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who has been engaged in the business of manufacturing clothing with the trade name of “D” in Seo-gu, Daegu, and is the owner of 2nd floor of steel-frame structure, sand position plate, 580.8m2, 22nd floor steel-frame structure, and 237m2 of a dormitory (hereinafter “instant building”). The Defendant B is the owner of the building of 479.96m2, Daegu-gu, Daegu-gu, which linked to the instant building (hereinafter “instant factory”), the Plaintiff engaged in the business of collecting and washing drys of Mour, and the “F” in the instant factory is a company running insurance business, etc., and the Defendant Han-gu Fire Insurance Co., Ltd. (hereinafter “Defendant Co.,, Ltd”).

B. The conclusion and content of the instant insurance contract (i) Defendant B determined the insurance period between April 9, 2013 and April 9, 2018 with the Defendant Company as the insurance period, and, in the event Defendant B is legally liable for damage to a third party due to a fire that occurred within the insurance coverage area under the insurance policy, the Defendant Company’s insurance contract (hereinafter “instant insurance contract”) as indicated in the “Indication of the Insurance Contract” in the attached Form stating that the Defendant Company shall guarantee the insurance amount within the limit of KRW 100 million.

Article 2(Grounds for Payment of Insurance Money) of the Insurance Contract under Section 3 of the Insurance Contract Act provides that a company shall compensate for the following losses sustained by the insured as a result of the insured’s liability for legal damage to another person’s body or property due to a fire (including explosion) for the insurance purpose owned, used, or managed by the insured within the coverage area specified in the Insurance Policy: (a) the insured shall be liable for damages under this Clause; (b) the insured shall be liable for damages under the terms and conditions of the insurance contract of this case (hereinafter “instant Terms and Conditions”).