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(영문) 대구지방법원 2016.02.19 2011가합4227

보험금

Text

1. The Defendant’s KRW 1,412,10,000 for the Plaintiff and the following: 6% per annum from October 15, 2010 to February 18, 2016.

Reasons

1. Basic facts

A. On December 22, 2008, the Plaintiff, a stock company, engaged in the business of manufacturing, wholesale, etc. of textile products, leased the lease period from B to January 1, 2009 to December 31, 2009, the term of lease of the building site and reinforced concrete manufacturing general factories 288.69 square meters (hereinafter “instant warehouse”). The lease contract was extended under the same conditions.

(No. 18-4,5). (b)

On December 18, 2009, the Plaintiff entered into an insurance contract with the Defendant with the same content as the attached list in order to compensate for direct damage, etc. caused by a fire (hereinafter “instant insurance contract”). The general terms and conditions of the instant insurance contract include the following provisions:

(A) Article 6 (Damages. 1 and 2) (1) The Company shall compensate for the following losses that the goods insured pursuant to this Clause (hereinafter referred to as “the subject-matter of the insurance”) suffered from fire (including rice dust).

1. Direct damage caused by a fire;

2. Fire-fighting damage caused by a fire (damage caused in the course of extinguishing a fire);

3. Evacuation damage due to fire (including the damage referred to in the above subparagraphs 1 and 2 which occurred within the insurance period of five days in the refuge area) (2) If the damage occurs due to the danger guaranteed by paragraph (1), the following expenses shall be additionally paid by the contractor or the insured (person insured):

1. The cost of removing the remaining substances: the cost of dismantling the remaining substances, the cost of cleaning (not including the cost of removing the soil, atmosphere, water quality, pollutants, and the cost of discharging the wastes in the site and surrounding areas of the accident) and the cost of loading them into the vehicle: Provided, That it shall not be compensated for any damage which is caused by the insurance’s risk not guaranteed by this securities, or by the removal of the relevant Acts and subordinate statutes;

(hereinafter referred to as "compensation") Article 7 shall not be made.