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(영문) 서울중앙지방법원 2016.05.12 2016가단5009554
부당이득금
Text

1. The Defendant: KRW 26,769,710 for the Plaintiff and KRW 5% per annum from September 7, 2013 to January 13, 2016.

Reasons

1. Basic facts

A. (1) On December 29, 201, the Plaintiff concluded each insurance contract. The Plaintiff is an apartment house A (hereinafter “instant apartment”).

The insured column for the insurance policy as the owner of each household in the apartment complex B and the building (296 units) and attached facilities, household cover, and house cover items within the apartment complex of this case is the blank space. However, with respect to the section for exclusive use by each household, the owner of the relevant household does not have dispute between the parties, and as to whether the owner of each household constitutes the insured with respect to the portion exceeding his/her share in the section for exclusive use or common use of the other household of this case, the key issue of this case is as follows. The insurance period is from December 31, 201 to December 31, 2013, from December 23, 2011 to December 31, 2013; the insurance amount is KRW 23,910,323,707 (hereinafter “instant accident insurance contract”).

(2) On September 27, 2011, the Defendant concluded a comprehensive insurance contract (hereinafter “instant liability insurance contract”) with respect to C and the above households, the head of which are the head of the household of 101 Dong 1001, with respect to each of the insured workers as C and C’s spouse, relatives living together, and unmarried children, and with respect to the insurance period from September 27, 201 to September 27, 2026, the term of insurance was from September 27, 2011 to September 27, 2026, with respect to the family’s daily life compensation liability (10 million won guarantee limit, and KRW 200,000 won of self-payment).

B. On November 3, 2012, around 08:55, the occurrence of the instant fire and the payment of the Plaintiff’s insurance proceeds, the fire occurred under C’s 101,001, 101, 102, 1101, 1102, 1201, and 1301, and the buildings and tools of the neighboring generation other than 1001, and the common areas of the apartment owned by C are written in the table of damages as follows.

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