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(영문) 서울고등법원 2014.12.24 2014나2011299
보험금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is a corporation established for the purpose of cargo transportation, transportation, transportation brokerage, transportation brokerage, warehouse business, etc., and the defendant is a corporation established for the purpose of insurance business, etc.

B. On August 10, 2012, the Plaintiff entered into a cargo liability insurance contract with the Defendant, and from August 22, 2012 to August 22, 2013, with the insurance period, to the maximum amount of compensation 500 million won per accident, the Plaintiff entered into the instant insurance contract (hereinafter “instant insurance contract”). The main contents of the instant insurance contract relating to the instant case are as follows.

Ⅰ. The following damages suffered by the insured (beneficiary) from liability under the law for the entrusted cargo arising out of the insured events within the coverage area specified in the insurance policy (certificate of insurance coverage):

1. Article 11 (Non-Compensation Damages) (2) In the case of "motor-freight forwarding risk", other than paragraph (1), the insured (beneficiary) shall not compensate for any damage caused by the following reasons, in addition to paragraph (1).

3. The insured (including all storage facilities) shall be liable to compensate for damage incurred while being kept in the warehouse (including all storage facilities);

Ⅲ In the case of "motor-freight forwarding risk" Article 49 (accident) of the General Terms and Conditions for the Company to compensate for the "motor-freight forwarding risk" refers to an accident that occurs during the course of transportation (motor-freight forwarding and incidental services) from the time when the owner is entrusted to the consignee with respect to the consigned cargo which has entered into a contract of carriage under his/her name or has been entrusted with a mediation or agent within the insurance period of Korea.

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