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(영문) 대구지방법원 2015.10.22 2013가합8193

보험금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From around 1996, the Plaintiff operated a fishing and leisure products wholesale store (hereinafter “instant store”) by leasing a 433.6 square meters of the 1st floor of the Daegu Dong-gu Building (hereinafter “instant building”) from around 1996, using the trade name “C” in the instant store from June 2010 to spring of 2014.

B. On December 4, 2012, the Plaintiff entered into a fire insurance contract with the Defendant on the following list: (a) fishing and leisure goods in the instant store and store as the subject matter of insurance; (b) from December 4, 2012 to December 4, 2013, the insurance period was from December 4, 2012; (c) the part of the building; (d) the inventory amount was KRW 200 million; (e) the inventory amount was KRW 500 million; (e) the part of the facility; (e) the part of the equipment; and (e) the part of the equipment equipment; and (e) the part of the fire liability amount was KRW 50 million (hereinafter “instant insurance contract”).

C. Of the insurance clauses included in the instant insurance contract, the following are relevant to the instant case.

Article 11 (Compensation for Loss) (1) of the General Terms and Conditions (Liability) The Company shall compensate for the following damages sustained by fire (including rice hull; hereinafter “accident”) by the goods insured pursuant to this Terms and Conditions (hereinafter “the subject-matter of the Insurance”).

1. Direct damage caused by an accident;

2. Fire-fighting damage resulting from an accident (damage that occurs in the course of extinguishing fire);

3.In accordance with an accident, the company under Article 12 (Non-Compensation Damages) of the Act shall not be compensated for any damage resulting from the following reasons (including the damage as referred to in subparagraphs 1 and 2 above which results in the subject-matter of the insurance for five days at the place of evacuation; hereinafter omitted).

1. Damage caused by the intention or gross negligence of a contractor, the insured (in cases of a corporation, the director or any other institution executing the business of the corporation), or his/her legal representative (hereinafter referred to as "damage omitted");

D. On February 9, 2013, at around 03:49, a fire occurred inside the instant store and within the instant store, which is the subject matter of the instant insurance contract.