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(영문) 서울중앙지방법원 2018.06.07 2017가합511179

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. The Plaintiff is a personal entrepreneur who has run a general restaurant in the name of “D” in Seosan City, and the Defendant is an insurance company running a non-life insurance business, etc.

B. (1) On August 3, 2012, through E, an insurance solicitor, the Plaintiff entered into an insurance contract with the Defendant, “insurance period: from August 3, 2012 to August 3, 2022,” and “Subject-matter of insurance: buildings located in Seosan City (hereinafter “instant building”) and interior facilities, integrated “rate: General restaurant,” “insurance amount: In the case of fire damage security: Total amount of KRW 1 billion in total building security, KRW 250 million in total, and KRW 50 million in total, and KRW 50 million in total,” and KRW 50,000 in each insurance contract (hereinafter “instant insurance contract”) which constitutes the content of the instant insurance contract, as follows: < Amended by Act No. 11378, Aug. 3, 2012; Act No. 11306, Aug. 2, 2012; Act No. 13788, Feb. 2, 2012>

Article 11 (Duty to Notify after Contract) (1) Where any of the following events occurs for an insurance purpose after a contractor or the insured enters into a contract, he/she shall promptly notify the company in writing and obtain confirmation from the insurance policy:

3. Where the structure of a building, the purpose of which is insurance or insurance, is altered, reconstructed, extended, or repaired continuously for not less than fifteen days.

5. If a building for insurance purposes or a building for insurance purposes is not constructed or suspended for more than 30 consecutive days, the company may terminate this contract within one month from the date it becomes aware of the occurrence of the damage, in any of the following cases:

1. Where the contractor, the insured, or his/her agent has notified him/her of the material fact intentionally or by gross negligence, notwithstanding Article 10;

2. The conclusion of a contract prescribed in Article 11 (1) with respect to a significant change or increase in risk;