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(영문) 서울중앙지방법원 2014.11.27 2012나54071

구상금

Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and all of the plaintiff's claims corresponding to the revocation part shall be revoked.

Reasons

1. Facts of recognition;

A. A. From June 17, 2008, the relation between the parties to a contract (1) concluded a contract with the Korea Land Corporation for the electrical construction works (hereinafter “instant electrical construction works”) among B’s housing site development projects from June 17, 2008 to December 17, 2008. As the period of construction was from June 17, 2008 to April 2008, Dae-N Co., Ltd., a joint and several surety (hereinafter “NN”) was unable to normally perform the said contract due to the default on payment on April 209, the construction period was fixed from May 25, 2009 to June 30, 2009 to be entrusted with the execution of the instant electrical construction works, and the construction was performed from May 26, 2009.

(2) On January 5, 2009, the Plaintiff: (a) concluded a business liability insurance contract with the insured status from January 5, 2009 to June 30, 2009; and (b) concluded a business liability insurance contract with the maximum compensation amount of KRW 100 million per accident (hereinafter “instant liability insurance contract”); (c) on May 25, 2009, the Plaintiff changed the contractor to the non-party company; and (d) maintained the insurance contract by changing the insured status of the instant liability insurance contract from the UN to the non-party company.

(3) The instant liability insurance contract is based on the general terms and conditions of business liability insurance and the special terms and conditions of the contractor, and the summary of the terms and conditions is as follows.

Article 5 (Compensation for Loss) of the General Terms and Conditions of Business Liability (Liability) A company shall compensate for the following losses sustained by the insured under its legal liability for damages caused by an insured incident (hereinafter referred to as "accident") described in the special terms and conditions of insurance that occurred during the insurance period (hereinafter referred to as "accident") within the coverage area under the Insurance Policy (Insurance Policy) or by causing damage to another person's body (hereinafter referred to as "property damage").

1. Legal damages paid by the insured to the victim;

2. The following expenses disbursed by the insured:

(a) The insured shall be the insured;