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(영문) 서울중앙지방법원 2017.09.27 2016가단5085879

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. On November 22, 2013, the Plaintiff concluded a factory fire insurance contract with the Defendant with the following content (hereinafter “instant insurance contract”).

1. Insurance period: From November 23, 2013 to November 23, 2014;

2. Objects: The members of Ansan-si, the grassland of which is 652-9; and

3. Objects subject to insurance: Buildings (three-story factories, five-story office buildings, warehouses), machinery machinery, parts, inventory assets, camping movables, light equipment, structure equipment and facilities, all of the public equipment, office fixtures, and inventory assets.

4. Amount of total insurance coverage of 2,161,931,000 won.

B. The terms and conditions to be applied while entering into the instant insurance contract are as follows.

[Ordinary Terms and Conditions] Article 11 (Non-compensation Damages) Company shall not compensate for any damage arising from the following reasons:

5. Damage caused by fire or explosion, whether or not by fire: Provided, That fire damage resulting from this result shall be compensated for.

C. On April 15, 2014, around 10:28, a fire that is presumed to have been explosiond as a result of a mixture of oil vapors due to abnormal temperature in the process of mixing the 1st floor of 4th underground floor of 5th underground floor of 4th and 222 square meters of 5th underground floor of 4th underground floor (hereinafter “instant factory”) was caused by fire that is presumed to have been explosion (hereinafter “the instant fire”).

The Taeyang Adjustment Co., Ltd. investigated the damage caused by the instant fire and diagnosed the amount of damage caused by the fire as KRW 693,670,978 among the subject matter of insurance, and accordingly, the Defendant paid the Plaintiff KRW 693,670,978 as insurance money on September 18, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 2, 5 through 11, and purport of the whole pleadings

2. The plaintiff's assertion and judgment

(a) The summary of the assertion, the solar fire-specific type damage evaluating company (hereinafter referred to as the “damage evaluating company”).