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(영문) 울산지방법원 2015.11.25 2014가단28649

보험금

Text

1. The Defendant’s KRW 47,938,125 as well as the Plaintiff’s KRW 6% per annum from June 27, 2015 to November 25, 2015, and the following.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff, along with his husband B, operated a repair shop with the trade name “D” from Cement block structure 47.13 square meters (leased building) and 19.4 square meters (building owned by the Plaintiff) of prefabricated-gun, Ulsan-si, Ulsan-si, Ulsan-si, the Plaintiff, along with his husband B. On February 7, 2011, the Plaintiff was operating a repair shop with the trade name “D..” The Plaintiff, on February 7, 2011, entered into an insurance contract with the Defendant and the Plaintiff, with the purport of receiving compensation within the limit of the amount of damage to the subject matter insured under fire caused by the said Austria-si repair shop (hereinafter “instant insurance

- The Plaintiff’s building: 10,00,000 won: 55,00,000 won as subscription amount - 10,000 won as house fixtures: 10,000 won as subscription amount: fire (hereinafter referred to as the “fire in this case”) was generated at the repair shop around November 8, 2012, where the cause of which is not known, was not known, at the repair shop around November 20, 2012. Accordingly, the fire in this case owned by the Plaintiff was destroyed.

3) The Plaintiff’s amount of damages caused by the instant fire is KRW 5,979,501, KRW 31,958,624, and KRW 20,337,926, and KRW 20,337,926, and the purport of the entire pleadings (including virtual numbers, and the purport of the entire pleadings) of the instant fire.

B. Determination 1) Under the insurance contract of this case, the defendant is obligated to pay to the plaintiff the insurance proceeds of KRW 47,938,125 (part 5,979,501 + 31,958,624 + 10,000 won for inventory assets of this case + part 31,958,624 + part 10,000 won for inventory assets of this case) and to that end, the plaintiff is liable to pay damages for delay calculated at the annual rate of KRW 15% per annum under the Commercial Act from June 27, 2015 to November 25, 2015, which is the date the application for the change of the purpose of claim and the cause of the claim is delivered, until the date the obligation to perform is determined to be reasonable. 2) The plaintiff is obligated to pay damages for delay calculated at the rate of KRW 51,788,646,600 for inventory assets of this case from the following day to the date of full payment.