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(영문) 대법원 2019.12.27 2016다279121
보험금
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The lower court determined that the Defendant was liable to pay the remaining fire insurance money to the Plaintiff on the ground that the comprehensive movable insurance contract between D and B regarding the instant machinery leased by the Plaintiff and the fire insurance contract between the Plaintiff and the Defendant was not duplicate insurance, but that the said fire insurance contract was not an insurance contract for others.

Examining the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the principle of loss compensation, double insurance and insurance contracts for others, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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