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(영문) 인천지방법원 2014.04.11 2013가단68794
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. A is the owner of a general timber structure detached house located in Incheon Strengthening Group B (hereinafter “instant building”). On December 3, 2010, the insurance contractor A and the insurance period from December 3, 2010 to December 3, 2013 with respect to the instant building, the insurance amount of KRW 130 million (building security KRW 100,000,000,000) is determined as the insurance amount of KRW 130,000,000 (building security KRW 100,000,000,000,000) and the damage caused by fire should be compensated according to the terms and conditions. “The instant insurance contract”

The main contents of the relevant terms and conditions are as follows. ① The contractor or the insured (person to be insured) shall enter into a contract and, after entering into the contract, inform the company in writing without delay and obtain confirmation from the company on the insurance policy (the insurance policy).

4. Where there is an increase in danger by modifying the use of a building whose insurance purposes or insurance purposes are expropriated.

7. In addition to the above, if there is an obvious increase in the risk, the Company may terminate this contract within one month from the date it becomes aware of the occurrence of the damage, regardless of whether or not the occurrence of the damage, in the following cases:

(2) Notwithstanding the provisions of paragraph (1), in any of the following cases, the company may not terminate the contract in the following cases after the conclusion of the contract provided for in paragraph (1) of Article 34 (Duty to Notify after Contract) with respect to the apparent change or increase of risk.

2. When the company has become aware of the fact for not less than one month. (5) Notwithstanding the provisions of paragraph (4), if the contractor or the insured proves that the damage was not caused by the fact referred to in paragraph (1), he/she shall pay compensation therefor.

B. On December 3, 2010, the Plaintiff extended a loan of KRW 130 million to the above A, and the insurance contract of this case from the above A on December 10, 2012.

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