보험금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts A is a person who operates an original processing company with the trade name “B”.
A entered into a package insurance contract (hereinafter “instant insurance contract”) with the Defendant, a insurance company, by setting the insurance period from December 23, 2009 to December 23, 2010.
On August 4, 2010, at around 03:18, a fire occurred in a factory B, which is an insurance subject matter of the instant insurance contract, and machinery, movable property, etc. located therein.
[Ground of recognition] Facts without dispute, entry of evidence No. 3, purport of the whole pleadings
2. The plaintiff asserts that the insurance contract of this case is an insurance contract for another person, and the original company owned by the plaintiff (US 96,483.35) which is the subject matter of insurance due to the fire above, the defendant, the insurer, is liable to pay the plaintiff, the insured, US$ 96,483.35 with insurance money, and damages for delay.
As to this, the defendant shall make a defense of extinctive prescription.
According to Article 62 of the former Commercial Act (amended by Act No. 9746 of May 28, 2009), the period of extinctive prescription of the insurance claim is two years.
However, it is clear in the record that the lawsuit in this case was filed on June 16, 2016, which was two years after August 4, 2010. Thus, the defendant's objection against the extinctive prescription is justified.
On the other hand, the Plaintiff asserts that the insurer will suspend the payment of the insurance money if an investigation is being conducted with respect to the terms and conditions of the insurance contract applied to the instant insurance contract, and that there is a legal obstacle to the Plaintiff’s claim against the Defendant until September 19, 2014 when the investigation with respect to the said fire was completed, and that the period of extinctive prescription of the Plaintiff’s insurance claim will run from September 20, 2014.
The health care unit and extinctive prescription shall commence from the time when the right can be exercised because it has occurred objectively.