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(영문) 서울중앙지방법원 2020.09.16 2019나53183 (1)
손해배상(기)
Text

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

The counterclaim Defendant: (1) 2,500,000 won and this.

Reasons

1. Basic facts

A. The counterclaim Defendant entered into an I Property Comprehensive Insurance Contract (hereinafter “instant insurance contract”) with H that operates the restaurant (hereinafter “G”) in the name of “Seoul Dong-gu, Incheon.” The terms and conditions relating to this case are as follows. Article 1 of the General Terms and Conditions guaranteeing Liability for Gas Accident Compensation (hereinafter “Special Terms and Conditions”) of the Insurance Contract (hereinafter “Special Terms and Conditions”) provides that the insured shall be liable for damage incurred by the insured, during the insurance period, due to the gas accident that occurred during the possession, use, or management of gas within the facilities indicated in the Insurance Policy, by bearing legal liability for damages on another person’s body or property.

Article 3 (Relation to Mandatory Insurance) Notwithstanding Article 21 of the General Terms and Conditions of Property General Insurance (hereinafter referred to as "General Terms and Conditions"), the Company is liable to compensate only the excess amount when the liability insurance exceeds the amount of the mandatory insurance (the amount that can be compensated by the mandatory insurance if it does not buy the mandatory insurance even though it does not buy the mandatory insurance).

Article 7 (Insurance Money to be Paid) (1) The scope of losses to be covered by the Company shall be as follows:

(2) Except for those subject to insurance coverage under Article 22 (1) 2 of the Enforcement Decree of the Safety Control and Business of Liquefied Petroleum Gas Act, the company shall pay insurance proceeds for each incident up to the following amounts:

Article 53(2) of the Enforcement Rule of the High-Pressure Gas Safety Control Act.

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