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(영문) 서울중앙지방법원 2016.12.28 2016나21376
보험에관한 소송
Text

1. The judgment of the court of first instance is modified as follows.

The defendant 2,258,591 won and 1,505,727 won to plaintiff E.

Reasons

1. Basic facts

A. The Plaintiff B, an son of the deceased A (hereinafter “the deceased”), agreed with the Defendant to apply the special terms and conditions (hereinafter “special terms and conditions”) to compensate the damage incurred for the insurance purpose within the limit of KRW 60 million with the amount of insurance coverage, which covers the deceased’s, the insured’s period from August 23, 2012 to August 23, 2015, and the subject matter of the insurance to the Seoul Jung-gu C detached Housing (hereinafter “instant building”) and the household-based housing insurance contract (hereinafter “instant insurance contract”) holding the deceased’s possession of the deceased, and to compensate for the damage incurred for the insurance purpose due to the collapse, flood, and emergency (hereinafter “special terms and conditions”).

B. The special terms and conditions stipulate that "any or part of a building or structure in accordance with ordinary uses, not the external power of explosion, blasting, fire, etc., such a building or structure as its inner defect, corrosion, erosion, etc., shall be satisfyed as soon as possible."

(Article 1). (c)

On May 22, 2016, the deceased died on May 22, 2016, Plaintiff E and Plaintiff B inherited the deceased.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, 8, purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The gist of the plaintiffs' assertion was that the plaintiffs were concentrated from the beginning of July 2013, but the building of this case was laid down on one’s own, while the building of this case was generated in the wall and floor, and there was flood, etc., which caused damage to the wall and floor, such as inundation, explosion, fire, etc. As the concentration rain does not correspond to external force corresponding to explosion, explosion, fire, etc., it constitutes "influence," which is the content of the special terms and conditions, and the defendant is obliged to pay KRW 20,482,152 insurance money to the deceased in accordance with the insurance contract of this case, and the defendant is obligated to pay KRW 20,482,152 to the deceased according to the insurance contract of this case. The defendant's share in inheritance against the defendant.

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