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(영문) 서울중앙지방법원 2018.07.27 2017가합543688
보험계약 해지 무효 확인의 소
Text

1. On June 20, 2017, the Defendant’s expression of intent to terminate an insurance contract, as stated in the separate sheet, against the Plaintiff, is null and void.

Reasons

1. Facts of recognition;

A. The Plaintiff operated franchises with the trade name “D” on the first and second floors of the building located in Gangnam-gu Seoul Metropolitan Government C (hereinafter “instant store”).

B. On April 15, 2016, the Defendant concluded an insurance contract (E insurance; hereinafter “instant insurance contract”) with the same content as the attached Form in order to guarantee liability for damages incurred to the subject matter due to a fire or for the insured (hereinafter “instant insurance contract”) with the company running non-life insurance business, etc.

C. Terms and conditions of the instant insurance contract, which serve as the content of the instant insurance contract, are as follows.

Article 1 (Purpose) of the General Terms and Conditions (hereinafter “instant General Terms and Conditions”) of Section 1 of the General Terms and Conditions (hereinafter “this case’s General Terms and Conditions”) of this Agreement (hereinafter “Agreement”) is concluded between the policyholder (hereinafter “contractor”) and the insurance company (hereinafter “company”) to ensure the risk of the insured’s property damage, etc. by bearing the insured’s liability for fire (including thunder; hereinafter the same shall apply) as the subject-matter of insurance.

Article 6 (Procedures for Payment of Insurance Money) <1> When the Company has received the documents prescribed in Article 5 (Claims for Insurance Money), it shall have a receipt thereof, and shall transmit them by mobile phone text messages or e-mail, etc., and shall pay the insurance money within seven days when the insurance money to be paid is determined and the insurance money to be paid without delay after receipt.

Article 15 (Duty to Notify After Contract) (1) In the case of guaranteeing real property damage, (1) In the event that, after entering into a contract, the following facts arise for the purpose of insurance, the contractor or the insured shall, without delay, notify the company in writing and obtain confirmation from the insurance policy:

3. Where the structure of a building, the subject-matter of insurance or the subject-matter of insurance, is altered, reconstructed, extended, or repaired continuously for at least 15 days;

7.Risk.

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