(영문) 광주지방법원 2017.12.22 2017나53131

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(영문) 광주지방법원 2017.12.22 2017나53131

보험금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 5, 2013, the term of insurance between the Plaintiff and the Defendant as the insured: From July 16: 00 to July 5, 2016, the term of insurance: Guarantee content: The occurrence of a case causing the filing of a lawsuit between the Plaintiff and the Defendant; and the content of guarantee: An insurance contract with the content that the insured pays legal expenses actually borne as a result of the termination of a lawsuit by the court of the Republic of Korea during the insurance period (hereinafter “instant insurance contract”). The main contents of the general terms of insurance are as follows.

Article 10 (Compensation for Loss) (1) A company shall compensate the insured (beneficiary) for the legal costs borne by the insured (beneficiary) as the following civil cases have been filed by the court of the Republic of Korea during the insurance period of the lawsuit, and such civil cases have been terminated by judgment, conciliation in court or settlement in court during the insurance period of the lawsuit, as prescribed in Articles 12 (Legal Costs and Insurance Money) and 13 (Limits to Payment of Insurance Money).

(2) The lawsuit under paragraph (1) means the lawsuit of the first instance, the appellate court on the lawsuit of the first instance, and the final appeal on the appellate court (hereinafter referred to as "the appellate court") respectively, and the lawsuit shall be filed within the insurance period stipulated in this contract.

(3) The lawsuit under paragraph (1) shall be instituted in one annual case at each level as provided for in paragraph (2) above.

(4) Notwithstanding the provisions of paragraph (1) above, if this contract is renewed and a case which causes the filing of a lawsuit occurs during the period of insurance of the immediately preceding contract, compensation therefor shall be made pursuant to the provisions of paragraphs (1) through (3).

[Definition of Terms] The factual basis for filing a lawsuit in a case which is the cause of filing a lawsuit is objective.

유사 판례

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