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(영문) 수원지방법원 2020.01.10 2019나70865

보험금

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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

Basic Facts

On March 3, 2015, the Plaintiff subscribed to C insurance with the Defendant for fire liability, legal expenses, etc. (hereinafter “instant insurance”). From March 3, 2015 to March 3, 2022, the period of insurance was from March 3, 2015 to March 3, 2022.

Of the insurance policies mentioned above, the coverage of legal costs (payment terms) portion of the insurance policy is indicated as follows:

(B) On January 1, 199, when the insured was a cause for filing a lawsuit during the insurance period, the terms and conditions for the payment of the insurance money (hereinafter referred to as "the first cause for filing a lawsuit during the insurance period") and the part of the terms and conditions for the payment of the insurance money (hereinafter referred to as "the payment of the attorney's fees prescribed in the Rules on the Remuneration of Attorneys-at-Law") and the part of the "the payment of the attorney's fees prescribed in the Rules on the Remuneration of Attorneys-at-Law" shall be referred to as "the insurance money of this case," which include the legal expenses of the insurance contract of this case within a total of KRW 5 million (100,000 per accident).

(B) On August 13, 2015, the Plaintiff filed a lawsuit seeking the payment of KRW 8,661,920 against the Korea Electric Power Corporation (hereinafter “relevant civil lawsuit”) for the following reasons: (a) the Plaintiff appointed an attorney-at-law as a legal representative and sought reimbursement of KRW 8,61,920 against the Korea Electric Power Corporation; and (b) filed a lawsuit seeking reimbursement of unjust enrichment (2015 Ghana14588; hereinafter “relevant civil lawsuit”).

On April 4, 2016, the foregoing court decided to recommend a compromise with the purport that “The Korea Electric Power Corporation shall pay the Plaintiff KRW 6,379,200,00 to April 30, 2016, and the Plaintiff waives the remainder of the claims.” The Plaintiff is an owner of KRW 3,135,000,000,000, and the Korea Electric Power Corporation is one of the aforementioned lands.