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1. Of the judgment of the court of first instance, the part against the counterclaim defendant in excess of the amount ordered to be paid below shall be revoked.
Reasons
1. Each description and image of evidence 1, 2, 3, 6, 7, 9, 10, and Eul evidence 1 through 4 (including the branch number; hereinafter the same shall apply), witness B, and E’s testimony, F’s testimony, and whole purport of the pleading
A. Party 1) On September 21, 2012, the Counterclaim Plaintiff: (a) the land and buildings listed in the separate sheet No. 1 attached hereto (hereinafter “instant real estate”); and (b) the buildings listed in the separate sheet No. 2 attached hereto are the “instant building” between D and D.
(2) On September 25, 2012, a person who entered into a fire insurance contract with a counter-defendant for the purpose of insurance purposes of the instant building after having fully paid the remaining purchase price to D on September 25, 2012. (2) The counter-defendant is an insurance company aimed at carrying out the insurance business, such as fire insurance.
B. On November 5, 2012, when the registration of ownership transfer was not completed under the name of the counterclaim, the counterclaim and the counterclaim Defendant entered into a fire insurance contract as shown in the separate sheet No. 2 (hereinafter “instant insurance contract”) with the counterclaim Defendant and paid the insurance premium.
C. According to the terms and conditions of the insurance contract applicable to the insurance contract of this case, ① the counterclaim Defendant shall pay the non-life insurance amount for the damage, etc. caused by fire (Article 7(1)); ② the insurance amount to be paid for the damage incurred to the general goods, such as the building of this case is smaller than the insurance amount corresponding to 80% of the insurable value, the insurance amount shall be limited to the insurance amount x the insurance amount x the insurance amount / the insurable value 80% of the insurable value (Article 19(1)2); ③ the counterclaim Defendant shall determine the insurance amount to be paid without delay after receiving the claim documents for the insurance amount and determine the insurance amount to be paid within seven days.