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(영문) 서울중앙지방법원 2017.09.15 2015가합542452
손해배상 등 청구의 소
Text

1. Defendant A’s KRW 411,085,274 as well as 5% per annum from July 3, 2010 to September 15, 2017, respectively, to the Plaintiff.

Reasons

Facts of recognition

The relevant Plaintiff’s main purpose is a company that mainly engages in insurance business, etc. and entered into a factory fire insurance contract with D Co., Ltd. established by Defendant A for the main purpose of manufacturing cosmetics, etc. (hereinafter “D”). Defendant B is a child of Defendant A, and Defendant C was a nominal representative director of Defendant C.

On July 24, 2009, the Plaintiff entered into the instant insurance contract with D with the following contents (hereinafter “instant insurance contract”).

The name of goods: The location of the subject matter of D insurance policy at Kimpo-si: the total building (300 million won), the entire machinery (50 million won), the entire facility (400 million won), the whole movable property (300 million won): the insurance period from July 24, 2009 to July 24, 2010, as follows:

Article 6 (Compensation for Loss) (1) The Company shall compensate for the following losses sustained by a fire (including rice, etc.) in respect of the articles insured pursuant to this Terms and Conditions (hereinafter referred to as the "Subject Matter of Insurance").

1. Direct damage caused by a fire;

2. Fire-fighting damage caused by a fire (damage caused in the course of extinguishing a fire);

3. Evacuation damage due to fire (including the damage as referred to in the above subparagraphs 1 and 2 which occurred within the insurance period of five days in the refuge area) Article 15 (1) (1) A contractor or the insured (person insured) shall notify the company so that it does not delay without good cause if damage occurs to the subject-matter of insurance.

3. Where it is difficult for the company to confirm the fact of loss to the above paragraph (1), it may request the contractor or the insured (person insured) to submit necessary evidentiary materials.

§ 19 (Payment of Insurance Money) ① Upon receipt of the following documents, the Company shall have a receipt thereof, and pay the insurance money within 20 business days from the date of receipt of the documents:

1. A claim for insurance money;

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