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(영문) 대전지방법원 2017.06.09 2016나110374
보험금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons why this part of the facts admitted are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff alleged that the plaintiff spent total of 242,850,000 won (including unpaid construction cost of KRW 20,00,000) including interior works, air-conditioning works, signboards, and sound equipment costs in order to restore the collection cost damaged by the fire of this case. Meanwhile, at the time of entering into the insurance contract of this case, the defendant explained that the total purchase cost of the building was 290,000,000 won without distinguishing the building from F where the defendant was an insurance solicitor of this case, E, or the defendant's employee, and explained that the total purchase price of the building was 290,000,000,000 won and the total purchase price of the building was separate, and the collection cost included in the facilities and sound equipment within the collection cost of the building, according to the principle of priority under Article 4 of the Regulation of Standardized Contracts Act, the defendant claimed that the above insurance solicitor should pay the insurance proceeds of KRW 290,00,000,000 after deducting the insurance proceeds of this case from the remainder amount of KRW 2000.

3. Determination

A. 1) As seen earlier, the Defendant agreed to pay all the actual damages suffered by the Plaintiff due to a fire as insurance money. As such, the actual damages suffered by the Plaintiff are the insurance money that the Defendant would be the insurance money that the Defendant would pay to the Plaintiff. 2) Generally, the method of calculating the amount of damages is the market price at the time of loss if the goods were destroyed, and where the goods were damaged, the repair cost or the cost of restitution if they can be repaired or restored, or the cost of repair or restoration is impossible or excessive.

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