구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
G is carrying on the manufacturing business of gold and steel mills with the trade name of I, while owning the building of four factory units A, B, C, and D (hereinafter referred to as the “factory building of this case”) on the H ground of the Nam-gu Incheon Metropolitan City.
On November 29, 2016, the Plaintiff concluded a fire damage insurance contract (hereinafter “Plaintiff’s insurance contract”) between November 29, 2016 and G with respect to the building of the instant four units of factories and machinery, movable property, etc. located therein, with the aggregate insurance amount of KRW 2,20,000,000, and with respect to the insurance period from November 29, 2016 to November 29, 2021.
On October 12, 2018, the Defendant concluded a fire damage insurance contract on the building A, B, C, and D among the instant factory buildings with the insurance period from October 12, 2018 to October 12, 2023, with the period of insurance from October 12, 2018.
(hereinafter “Defendant Insurance Contract”). On October 28, 2018, around 05:49, at the instant factory building, G machinery and movable property (goods, semi-finished goods, inventory assets, etc.) located in the instant factory building were damaged and damaged.
(hereinafter “instant accident”). The Plaintiff assessed the amount of damages of G due to the instant accident as KRW 154,790,657 (i.e., KRW 47,760,707 movable property damage of KRW 107,029,950) through a damage adjusting procedure by a damage adjusting agency, and paid the said amount of damages to G on November 19, 2018.
G on December 20, 2018, on the ground that the terms and conditions were not clearly explained, G submitted to the Defendant an application for cancellation of a contract that cancels the Defendant’s insurance contract. Accordingly, the Defendant paid KRW 3,000,000 to G for the three-month period already received on December 21, 2018.
[Reasons for Recognition] The plaintiff's insurance contract and the defendant's insurance contract are in the relation of double insurance, and the plaintiff's insurance contract are in the relation of double insurance.