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(영문) 대구고등법원 2014.11.12 2013나21612
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is engaged in the repair business of apartment terphones and CCTV cameras with the trade name “H” in Yongcheon-si, and is a person who acquires each insurance claim against the Defendant by the council of occupants’ representatives regarding the repair cost of apartment terphones caused by a lightning accident under the following conditions.

B. The council of occupants' representatives (the representative C; hereinafter referred to as the "B apartment" when referring to the above apartment or the council of occupants' representatives) and the council of occupants' representatives (the representative E; hereinafter referred to as the "the first D apartment" when referring to the above apartment or the council of occupants' representatives; and when referring to the representative E; hereinafter referred to as the above apartment or the council of occupants' representatives, hereinafter referred to as the "each apartment of this case") with the defendant "each insurance contract of this case" with the following contents:

2) The 1D apartment was concluded (However, the 1D apartment was contracted in the name of E, the chairman of the council of occupants' representatives.

(2) On September 29, 201, the number of insurance policy holders and the insured as of September 24, 201, the total insurance coverage period of B apartment B from September 30, 201 to September 25, 2011; KRW 350,000,000 on December 20, 201, E from December 24, 2010 to December 24, 2011.

C. Article 11(1) of the General Terms and Conditions incorporated into each of the instant insurance contracts provides for the following:

Article 11 (Compensation for Loss) ① Company shall compensate for the following damages which the subject-matter of insurance is caused by fire (including rice dust), explosion, explosion, or dust (hereinafter referred to as "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);

3. Evacuation damage resulting from an accident (including the damage referred to in subparagraphs 1 and 2 above, which occurs to the subject-matter of insurance for five days from the refuge area);

D. On April 26, 201, around 21:10, the occurrence of a lightning in the vicinity of Yongcheon-si (hereinafter “instant 1 lightning accident”), and B apartment around that time, the Defendant’s sealphones, etc. due to the instant 1 lightning accident.

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