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(영문) 서울고등법원 2018.06.08 2017나2073694
보험금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Quotation of judgment of the first instance;

A. The reasons why the court should explain the cited part of this case are as follows.

The decision of the first instance is identical to that of the first instance court, except for the revision of the judgment of the first instance and the addition of the judgment in the second instance as referred to in the following paragraph 2, and it is also quoted by the main sentence of Article 420 of the Civil Procedure

B. Part 1) The amendment of the first instance court's 3th 11th 11th e.g., "after becoming aware of damage," and the 5th e.g 16th e., "the same e., includes any number except where the number is indicated particularly in the case." 2) The following is added to "the following: (a) according to each description of subparagraphs 10-2 and 3 of the first instance court's 7th e.g., "the evidence 10-2 and 3 of the first instance court's e.g., "the e., after becoming aware of damage"; and (b) the 5th e.g., "the e., after becoming aware of damage," respectively.

3) At the end of the 7th judgment of the first instance court, “B” added “A according to the respective statements in the evidence Nos. 22 and 24,” “A is recognized,” and “A. 1 of the 8th judgment is recognized,” respectively, and “A. 16 of the 16th judgment is recognized,” respectively, and “A. 4 of the 10th judgment of the first instance court and the 6th judgment of the 7th judgment are added as follows.

『마) 이 사건 통지조항에서의 ‘손해를 인지한 후 30일 이내에’에서의 ‘인지’(discovery)의 의미에 관하여 이 사건 보험계약의 일반조건 (2)조에서는 ‘설령 손해의 정확한 금액이나 세부적인 사항을 알 수 없다고 하더라도 합리적인 일반인이 보험에서 담보되는 손해가 발생되었거나 발생될 것이라고 생각할 만한 사실을 피보험자가 알았을 때를 인지로 본다’ Discovery occurs when the Assured becomes aware of facts which would cause a reasonable person to assume that a loss covered by the Policy has been or will be incurred...

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