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(영문) 서울중앙지방법원 2017.06.29 2016가합518524

구상금

Text

1. The Defendant: (a) KRW 209,497,438; and (b) annually from December 3, 2014 to June 29, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On June 2013, the Plaintiff, a company running non-life insurance business, etc., entered into a contract with C Co., Ltd. (hereinafter “C”), and the Songpa-gu Seoul Metropolitan Government D Building (hereinafter “instant building”), household tools, and facilities, with the insurance period fixed from June 24, 2013 to June 24, 2014, with the total insurance coverage amount of KRW 96,747,200,00 (hereinafter “E”) and entered into a contract with “E” (hereinafter “instant insurance contract”). The details of the terms and conditions incorporated therein (hereinafter “instant insurance terms and conditions”) are as follows.

Article 10(1) The term "the subject-matter of insurance" means the goods insured pursuant to this Clause, which are the buildings, etc. described in the insurance policy.

Article 11(1) An insurance company (hereinafter referred to as “company”) shall compensate for the following losses suffered by fire, explosion, or heat (hereinafter referred to as “accident”) subject to insurance:

1. Direct damage caused by an accident;

2. Fire-fighting damage caused by an accident;

3.In accordance with an accident, the company under Article 12 shall not compensate for any loss caused by:

1. Where, after concluding a contract under Article 15 (1) with intent or gross negligence of a policyholder, the insured, or his legal representative, the following facts arise for the purpose of the insurance, the policyholder or the insured shall, without delay, notify the company in writing and obtain confirmation on the insurance policy:

2. When the company has paid insurance money in accordance with Article 29 (1) at the time of transfer, the company shall acquire the right to claim damages held by the contractor or the insured against the third party within the insurance money paid;

(3) Notwithstanding the provisions of paragraphs (1) and (2), the Company shall waive the policyholder's subrogation right in the case of a contract for another person.

B. On July 22, 2013, the Defendant acquired the ownership of the first floor F of the instant building from C.

The Defendant’s “G” operated by the said F (hereinafter “instant restaurant”).