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1. The counterclaim Defendant: 100,000,000 won to the counterclaim and 5% per annum from April 8, 2012 to July 31, 2015.
Reasons
1. Basic facts
A. A counterclaim Defendant who entered into a comprehensive automobile insurance contract with a counterclaim Defendant is a stock company running a non-life insurance business, and entered into a comprehensive automobile insurance contract with B as follows (hereinafter “instant insurance contract”) and received the insurance premium from B.
Insurance types: Insured vehicles of comprehensive automobile insurance: Insurance period: From July 25, 2011 to July 25, 2012: Personal Compensation.
I. II. Larges (one hundred million won per accident) and personal physical accidents;
B. On April 8, 2012, “B” caused an insurance accident, starting from the said vehicle before the knife is separated from the gas station of the vehicle, after completing the knife in the E station located in Seo-gu, Daejeon, Seo-gu, Daejeon, which was operated by the Counterclaim Plaintiff, to the knife C with the knife B.
(hereinafter referred to as “instant accident”). [Ground of recognition] A without dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The parties' assertion;
A. The Lessee’s assertion of the Lessee incurred damages equivalent to KRW 522,648,430 (=522,198,430 + 450,000 +) as follows due to the instant accident.
Pursuant to Article 724(2) of the Commercial Act, the counterclaim Defendant, the insurer of B, is obligated to pay 100,000,000 won, which is within the limit of the amount of damages in lieu of the insurance contract of this case, and damages for delay.
① The soil of an oil station (hereinafter “instant soil”) was contaminated due to the leakage of about 50 to 60 liter’s gasoline in pipes connected to the main organic and the said main organic, which were damaged by the instant accident, and the said contamination was spent in KRW 522,198,430 in order to purify the said contamination.
② The counterclaim Defendant was replaced by the 2003 Japanese Marina, 2003, which was destroyed by the instant accident, to the 2003 E.N.E. (E.N.E) main abandonment, but the difference between the market price of the two main abandonment is KRW 450,00.
B. In the case of the soil of this case claimed by the counterclaim Defendant, the scope of the pollution is wide range.