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(영문) 서울고등법원 2016.11.03 2016나2010603
보험금
Text

1. The plaintiff's appeal is dismissed.

2. Based on the conjunctive claim added at the trial, the defendant shall be the plaintiff on 146,581.

Reasons

1. Basic facts

A. On March 9, 2012, the Plaintiff: (a) on the ground or the third floor of the warehouse, which is composed of a freezing warehouse, the fourth floor above the ground, and the fourth floor above the ground, at the time when the operation of the Korea Refrigerants Co., Ltd. (hereinafter “Korea Refrigerants”) and ASEAN owned by the Plaintiff, was safe; and (b) on the ground or the third floor of the warehouse, which is composed of a freezing warehouse, the fourth floor above the ground; and (c) as the Plaintiff, the consignment owned by the owner who entered into a contract on the entrusted management with the Korea Refrigerants for the storage of goods, was stored on the first or third floor above the ground.

(hereinafter “instant warehouse”) entered into a contract for the storage transaction of goods to be kept in the warehouse, and kept the goods, such as the concentration, in the instant warehouse.

B. Around November 26, 2012, Korea Refrigerants concluded a mutual aid agreement with the Defendant (hereinafter “instant mutual aid agreement”) with the following content.

A contractor of general fire deduction for goods / Insured Korea Refrigerers / Korea Refrigerers, and owners of code 3 on November 26, 2012 to November 26, 2013, one of the owners of the goods, namely, a 30,000,000 won (hereinafter referred to as “instant inventory assets”) in all of the buildings 1-3 stories above the ground 40,000,000 won in freezing storage facilities, 3,60,000,000 won in total, on April 26, 2013, when the building is inside the building, one of the owners of above ground warehouses, cargo storage facilities, cargo storage facilities, and the building owner of the collection and delivery center, one of the owners of the buildings;

C. The part related to this case in general fire mutual aid terms and conditions incorporated into the terms and conditions of the instant mutual aid agreement (hereinafter “instant terms and conditions”) is as follows.

Article 6 (Compensation for Loss) (1) The defendant shall compensate for any of the following losses sustained by a fire (including thunder; hereinafter referred to as "accident") by the goods covered by the mutual aid agreement (hereinafter referred to as "the purpose of mutual aid") in accordance with this Terms and Conditions:

1. Direct damage caused by an accident;

2.In accordance with an accident;

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