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(영문) 서울중앙지방법원 2015.09.11 2015나16933
보험금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 66,166,712 on January 2014.

Reasons

1. Facts of recognition;

A. The Defendant, an insurance company, concluded a contract for attorney-only professional liability insurance with respect to the attorneys-at-law affiliated with the Korean Bar Association. The Plaintiff, who purchased the said insurance from December 1, 2011 to December 1, 2012, by selecting the items of desired subscription among the amount of compensation presented by the Defendant, self-charges, and the insurance premiums calculated accordingly. After the insurance period, the Defendant subscribed to the said insurance. From December 1, 2012 to December 1, 2013, the total compensation limit (one claim) KRW 10 million, the self-paid premium (one claim), KRW 43,400,000, and agreed to subscribe to the said insurance again.

(hereinafter “instant insurance contract”). (b)

On January 31, 2011, the Plaintiff entered into a contract with the Defendant C for the claim for the construction cost (201dahap480, 2011Gahap497, 201), which was filed by B against C, and performed the delegation of the said lawsuit (hereinafter “instant lawsuit”).

Attachment of KRW 75,872,560 on the date of service of the amount claimed by creditors, and the Attachment of KRW 10,100,00 on November 24, 2010, in entirety, and the Attachment of KRW 23,200,00 on January 24, 2012, in entirety, and the Attachment of KRW 49,40,000 on January 24, 2012, in entirety, and the Attachment of KRW 33,50,000 on January 25, 2012, all of KRW 33,50,000 on the Nam-do Co., Ltd., Ltd. and KRW 33,50,00 on January 25, 2012; KRW 15,839,639,615 on November 7, 2012; KRW 200,70 on the provisional seizure; and

C. On the other hand, C served the obligees’ claim for the construction price claim against B against B, and served the Plaintiff with a seizure order, etc. as set forth below, and served the Plaintiff with a written notice of the decision on each of the above orders, but the Plaintiff did not make any assertion related thereto at the first instance trial division.

From the first instance court of the instant lawsuit on July 20, 2012, “C shall pay B 173,114,460 won and damages for delay,” was sentenced to a partial winning judgment of the Plaintiff in the provisional execution sentence, and B filed an application for real estate owned immediately before the instant lawsuit based on the original copy of the above executory judgment on August 1, 2012.

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