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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. (1) On August 9, 2013, the Plaintiff entered into an insurance contract. Around August 9, 2013, the “C” factory building owned by the Defendant in Kimpo-si B (hereinafter “instant factory building”).
) Fire insurance contract for machinery, movable property, and facilities listed in the separate sheet (hereinafter “instant insurance contract”).
AB concluded the agreement.
Part II Compensation Clause
1. Liability to compensate for a fire (including explosion);
1. The type and cause for payment of insurance proceeds shall exclude the physical assistive equipment, such as clothes, artificial organs, arms, etc., which are caused by fire or explosions caused by the subject matter entered in the insurance policy by the insured (person insured) during the insurance period, but shall include cases where the body is transplanted, such as artificial organs or parts, and the function thereof is replaced by such act;
hereinafter the same shall apply)
) The damages suffered by the loss of the harm (hereinafter referred to as “physical disability”) or by the burden of statutory liability for damage of another’s property (hereinafter referred to as “property damage”) shall be compensated in accordance with the terms and conditions of this Agreement.
3.A company which does not pay insurance proceeds shall not compensate for any loss caused by the following:
(1) A liability to compensate for any loss caused intentionally by a contractor, insured (in cases of a corporation, the director or any other institution executing the business of the corporation), or his/her legal representative.
2. Fire damage / 2-1. Fire damage (compensation for loss within the maximum value limit)
1. The types and causes for the payment of insurance proceeds shall be limited to the items described in the Insurance Policy (Insurance Policy) and shall be covered by the following losses sustained by a fire (including rice) during the insurance period:
(1) Direct damage caused by a fire. (2) Fire-fighting damage caused by a fire (in the course of extinguishing a fire)