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(영문) 창원지방법원진주지원 2013.12.06 2012가단10054
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 22, 2011, the Plaintiff entered into an insurance contract with the Defendant and the Plaintiff with respect to the fourth floor neighborhood living facilities and housing on the ground B in Jinju owned by the Plaintiff (hereinafter “instant insurance contract”), and paid KRW 100,000 of the first insurance premium on the same day.

B. On June 13, 201, while Nonparty C leased the second floor of the above building (hereinafter “the instant real estate”), and operated the skin management office, Nonparty C left the office of skin management and caused rainwater to the ceiling. Around that time, there was an accident where part of the interior of the instant real estate installed in the ceiling was down.

C. Under the special terms and conditions of the instant insurance contract, with respect to the payment of insurance proceeds related to collapse, flood, and emergency damage, the following are determined.

A. L. L. L.I.

1. Article 1 (Compensation for Loss) (1) A company (Defendant) shall compensate for any loss arising from the subject-matter of insurance due to the collapse, intrusion, or incident during the period of insurance in accordance with this Special Clause;

(2) The collapse, degradation, and situation referred to in paragraph (1) mean the following:

1. collapse: It means that all or part of a building or a structure of a building is automatically collapsed due to internal defects, corrosion, erosion, erosion, etc. when it is used according to ordinary purposes, not the external power of explosion, blasting, fire, etc.;

However, it shall not be considered as collapse that part of the reduction due to rupture or damage.

2. Bedinger: He shall not see that a building or a structure of a building, which is not an explosion, blasting, fire, etc., is entirely or partially sunken due to internal defects, corrosion, erosion, etc. when using it according to ordinary purposes;

3.The situation: It means that expenses will collapse in a lump sum due to N.O. and N.C.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, and 7 evidence (including branch numbers in case of provisional number), the result of the on-site inspection by this Court;

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