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(영문) 서울중앙지방법원 2016.09.28 2015가단205466
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. An insurance contract and fire occurrence (1) The Defendant concluded with the Plaintiff an insurance contract with regard to the insurance period from November 23, 2012 to November 23, 2017, with respect to the 46-21 square meters of a factory of 1st floor (hereinafter “instant factory”) using 46-21,00,000 won as bank trees for reduction of and exemption from the amount of ignsung City owned by the Plaintiff (hereinafter “the instant insurance contract”). The insurance period is from November 23, 2012 to November 23, 2017, with regard to the fire security (building), KRW 210,000,000,000 as fire security (movable property), and KRW 120,000,000,000 as security for the owner of facilities liable to compensate for the damages against fire (hereinafter “the instant insurance contract”).

(2) On May 23, 2014, around 07:43, a part of the Plaintiff’s factory’s building, such as machinery, equipment, electric power equipment, and other office fixtures, was destroyed, and a fire in which the product stored in the open storage place in the factory was destroyed (hereinafter “instant fire”). The instant fire turned into a building of A adjacent to the factory and caused damage to which part of A’s building and office fixtures, etc. were destroyed.

B. (1) As a result of the investigation of the cause of fire, etc. in the chemical fire fighting report of this case, it was presumed that the cause of fire, etc. was presumed to be chemical (natural combustion) factors, and the heat sources were presumed to be accumulated, and the first cargo was presumed to be waste plastics, etc. located at the night.

(2) In the Symna Police Station of the Symnasium, the Symnas Police Station of the Symnasium completed internal investigation by failing to discover suspicion of crime while continuing internal investigation as a cause of a fire at a place where plastics is stored in the open space of the factory.

C. (1) Main contents of the instant insurance terms and conditions are (1) Article 15 (Compensation for Damages) of the General Terms and Conditions. (1) Company shall compensate for the following damages suffered by fire by the articles insured during the insurance period (limited to the articles stated in the insurance policy; hereinafter referred to as the "insurance policy")

(2) Special terms and conditions of liability for fire-related articles.

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