보험금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of the building C on the ground in Seopopoposi City (hereinafter “instant building”).
The building of this case was approved on December 24, 1970.
On October 27, 2014, the Plaintiff concluded an insurance contract with the Defendant with the following content:
(hereinafter referred to as “instant insurance contract”). Insurance name: D contractor and insured person: Amount subscribed to the instant building and the household goods, etc. expropriated thereon: The contract period of KRW 300 million for the instant building, KRW 30 million for the household goods, KRW 30 million for the household goods: October 27, 2014 to October 27, 2017.
On September 9, 2016, around 04:22, a fire occurred in the instant building.
(hereinafter “the instant fire”). due to the instant fire, the 65.5 square meters of the instant building was burnt out, and the occurrence of 5 square meters of the instant building was occurred, and TV was destroyed.
C. The Plaintiff submitted a written estimate for repair work equivalent to KRW 148,043,866 to a certified damage adjuster who delegated the Defendant’s damage adjusting business.
On November 1, 2016, the Defendant paid KRW 30 million to the Plaintiff as the provisional payment insurance money.
[Reasons for Recognition] Facts without dispute, Gap 1 through 8, 10 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. Determination as to the cause of action
A. The summary of the Plaintiff’s assertion 1) The Plaintiff suffered damages equivalent to KRW 90,654,00,00 for the cost of restoring a building due to the instant fire, and the Defendant is obliged to pay the Plaintiff KRW 60,654,00 (i.e., the above KRW 90,654,000 - KRW 30,000 for the provisional payment insurance money). Since the Plaintiff concluded the instant insurance contract for the purpose of receiving compensation for damages caused by a fire, the reduction rate shall not be applied in calculating the insurance amount. Moreover, the reduction rate of KRW 41.48,00 among the 1st floor of the instant building (hereinafter “the place of the instant extinguishment”).
(2) As the building of this case was approved on December 24, 1970, the building of this case is a building that was approved on December 24, 1970 and the date of the occurrence of the fire of this case.