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(영문) 서울고등법원 2019.05.01 2017나2038479
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company running a non-life insurance business, etc. (2) around June 2013, the Plaintiff entered into an E contract with respect to household tools and facilities of each household of the apartment part of the C Co., Ltd. (hereinafter “C”) and the Songpa-gu Seoul Metropolitan Government D Building (hereinafter “instant apartment part”) (hereinafter “instant apartment part”) (hereinafter “instant apartment contract”) with respect to the total purchase amount from June 24, 2013 to June 24, 2014; and the details of the terms and conditions incorporated therein (hereinafter “instant apartment insurance contract”) are as follows.

Article 10(1) The term "the subject-matter of insurance" means the goods insured pursuant to this Clause, which are the buildings, etc. described in the insurance policy.

Article 11(1) An insurance company (hereinafter referred to as “company”) shall compensate for the following losses suffered by fire, explosion, or heat (hereinafter referred to as “accident”) subject to insurance:

1. Direct damage caused by an accident;

2. Fire-fighting damage caused by an accident;

3.In accordance with an accident, the company under Article 12 shall not compensate for any loss caused by:

1. Where, after concluding a contract under Article 15 (1) with intent or gross negligence of a policyholder, the insured, or his legal representative, the following facts arise for the purpose of the insurance, the policyholder or the insured shall, without delay, notify the company in writing and obtain confirmation on the insurance policy:

2. When the company has paid insurance money in accordance with Article 29 (1) at the time of transfer, the company shall acquire the right to claim damages held by the contractor or the insured against the third party within the insurance money paid;

(3) Notwithstanding the provisions of paragraphs (1) and (2), the Company shall waive the policyholder's subrogation right in the case of a contract for another person.

3 The plaintiff is a commercial building among C and the building of this case around September 2013.

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