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(영문) 서울중앙지방법원 2016.12.23 2014가합44999
보험금
Text

1. The counterclaim Defendant: 33,690,000 won to the counterclaim and 6% per annum from August 16, 2014 to December 23, 2016.

Reasons

1. Basic facts

A. On July 1, 2014, around 13:10, A, an employee of the Lessee, who was an employee of the Lessee, was in motion to move the C Bag (hereinafter “instant Bag”) owned by the Lessee at the construction site of the new building in Siri-si (hereinafter “instant Bag”) while moving, there was an accident where the said Bagg was lost to the center (hereinafter “instant accident”).

B. At the time, the supply of electricity was suspended for about one hour at the center of the nearby high-tension cable, and traffic was controlled for about two hours and thirty minutes until the accident occurred.

C. On the other hand, on March 5, 2014, the Plaintiff entered into a mid-term equipment safety insurance contract with the counterclaim Defendant (hereinafter “instant insurance contract”) with respect to the instant aviation period (the purchase amount of KRW 80 million, KRW 50 million, and the insurance period of KRW 16:0 to March 5, 2014, and KRW 16:00 to March 5, 2015; hereinafter “instant insurance contract”).

The Counterclaim Defendant claimed insurance money equivalent to the cost of repairing the instant port of this case destroyed by the instant accident, but the Counterclaim Defendant filed a principal suit against the Counterclaim Plaintiff on August 14, 2014 to verify the existence of the obligation to pay insurance proceeds, but withdrawn the said principal suit on June 1, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap 3, 4, Eul 5, and 6, the purport of the whole pleadings

2. The parties' assertion

A. The counterclaim Defendant, claiming the counterclaim, is obligated to pay to the counterclaim the amount equivalent to KRW 569,910,000 (including value-added tax) for the repair cost according to the instant insurance contract.

However, the counterclaim Defendant refused to pay the above insurance money and instead filed a lawsuit to confirm the existence of the obligation against the counterclaim. The above act of the counterclaim Defendant is the case where the contractor, the insured, etc. was damaged by filing a lawsuit, which is the reason for the insurer’s damages compensation under Article 21(2) of the General Terms and Conditions of Insurance.

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