(영문) 서울중앙지방법원 2016.04.28 2015가단5308889

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(영문) 서울중앙지방법원 2016.04.28 2015가단5308889

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 8, 2012, the Plaintiff concluded a fire insurance contract (hereinafter “instant insurance contract”) with respect to the instant factory located in Chungcheongbuk-gun, the husband of the Plaintiff, which is owned by the Plaintiff (hereinafter “instant factory”).

B. The main contents of the instant insurance contract are as follows.

Cover period: From October 8, 2012 to October 8, 2017: 300,000,000 won in the amount of insurance coverage of a fire-backed building;

C. The terms and conditions of the instant insurance contract relating to the instant case are as follows.

§ 11 (Compensation for Loss) ① Company shall compensate for the following losses which the subject-matter of insurance is fire:

1.Direct damage resulting from an accident. (2) The Company shall additionally pay the following expenses paid by the contractor or the Insured where the damage occurs due to the risk guaranteed in paragraph 1:

1. The cost of removing the remaining substances: the cost of dismantling the remaining substances, the cost of cleaning (not including the cost of removing the soil, air and water quality pollutants in the site of the accident and its neighboring areas, and the cost of discharging the wastes after being loaded into the vehicle) and the cost of loading them into the vehicle: Provided, That it shall not be compensated for the damage which is the subject of the insurance due to the danger not guaranteed under paragraph (1) or which is caused by the removal

Article 13 (Limits of Payment of Insurance Money) (1) The insurance money under Article 11 (Compensation for Loss) (1) and the expenses for removal of the remaining things under Article 11 (Compensation for Loss) (2) shall be calculated by applying mutatis mutandis Article 23 (Calculation of Insurance Money to be Paid), and the aggregate shall be limited to the insurance amount stated in the insurance policy.

However, the remaining expenses shall not exceed 10% of the amount of damages.

Article 23 (Calculation of Insurance Money to be Paid by Company) (1) Insurance money to be paid by Company shall be as follows:

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