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(영문) 서울남부지방법원 2020.01.30 2018가합110265
보험금
Text

1. The Defendant’s KRW 75,564,698 for the Plaintiff and its related KRW 6% per annum from September 12, 2019 to January 30, 2020, and the following.

Reasons

1. Basic facts

A. On October 27, 2016, the Plaintiff concluded a housing fire insurance contract (hereinafter “instant insurance contract”) with the Defendant, and Geumcheon-gu Seoul Metropolitan Government C apartment (hereinafter “instant apartment”) with a view to setting the building, appurtenant facilities, and general household materials as the subject matter of insurance, with the insurance period from November 1, 2016 to November 1, 2017, with the total insurance amount of KRW 222,231,00,000 (hereinafter “instant insurance contract”).

B. The part relating to the issue of the instant case among the housing fire insurance ordinary terms and conditions incorporated into the instant insurance contract (hereinafter “instant terms and conditions”) is as follows.

Article 1 (Purpose) This insurance contract (hereinafter referred to as the "contract") is concluded between the policyholder (hereinafter referred to as the "contractor") and the insurance company (hereinafter referred to as the "company") in order to guarantee the risk of the insured's loss due to fire (including thunder; hereinafter the same shall apply), explosion, or marcation to the purpose of the insurance.

Article 3 (Compensation for Loss) ① Company shall compensate for the following damages which the subject-matter of insurance has suffered from fire, explosion or heat (hereinafter referred to as the "accident").

1. Direct damage caused by an accident;

2. Fire-fighting damage resulting from an accident (damage that occurs in the course of extinguishing fire);

(2) If the loss occurs due to the risk guaranteed by paragraph 1, the following expenses paid by the contractor or the insured shall be additionally paid by the Company:

1. Omitted;

2. Expenses for prevention of loss: the expenses required or beneficial to bear in order to prevent or reduce the loss; and

C. On July 10, 2017, a fire occurred in the transformation room of the instant apartment (hereinafter “instant fire”) and the transformation room and transformation power generation facilities, which are the subject matter of insurance, sustained KRW 375,564,698.

Each household of the apartment of this case is damaged by the fire of this case.

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