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(영문) 서울중앙지방법원 2018.12.12 2016가단5220016
보험금
Text

1. The Plaintiff:

A. Defendant C’s KRW 48,187.815 and as to this, 5% per annum from August 30, 2015 to December 12, 2018.

Reasons

1. Basic facts

A. Defendant C is operating the inn (hereinafter “the inn of this case”) by leasing a building D in the Gu Government-si.

In this case, 23 guest rooms are installed in a building with the 1st underground floor and the 4th ground floor.

B. On February 29, 2012, Defendant C entered into an insurance contract (hereinafter “instant insurance contract”) with the content that, with respect to the instant inn with Defendant B, the insurance period from February 29, 2012 to February 28, 202, the insured is the Defendant C, and the owner of facilities (50,000,000 won per person’s subscription amount, and KRW 100,000,000) was liable for damages due to a special agreement.

The main contents of the special terms and conditions of indemnity for the owners of facilities incorporated in the instant insurance contract are as follows.

Article 1 (Compensation for Loss) A company shall compensate for any loss sustained by an insured person (person insured) by causing physical harm to another person (hereinafter referred to as "physical harm") or by causing damage to another person's property to be damaged (hereinafter referred to as "relic damage") due to an unexpected accident arising from the ownership, use, or management of the facilities during the insurance period and the use of such facilities.

(Omission) Article 2 (Scope of Damage Compensation) (1) The scope of damage compensation for a company per accident shall be as follows:

1. Legal damages under the Act for which the insured (subject to insurance) is liable to pay to the victim.

In such cases, the amount of insurance coverage (limit of compensation) and the amount of self-payment shall be the amount stated in the insurance policy (certificate of insurance coverage), respectively.

1. Compensation under paragraph (1) 1: Compensation within the limit of the purchase amount of insurance as stated on an insurance policy (the maximum amount of compensation), but if the self-charges are agreed, compensation shall be limited to the portion exceeding the self-charges;

C. On August 30, 2015, around 22:08, the instant brigade E is referred to as “instant fire.”

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