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(영문) 서울중앙지방법원 2015.01.15 2013가합39129
부당이득금
Text

1. The Defendant’s KRW 238,918,577 as well as 6% per annum from May 22, 2013 to January 15, 2015 to the Plaintiff.

Reasons

1. From around around 2007, the Defendant was directly in charge of the new construction of the new construction of the new Docctrine, a primary complex building, on the ground of the 360-51 and 8 lots of land in Guro-gu Seoul Metropolitan Government, Guro-gu, and the new construction of the new construction (hereinafter “instant construction”).

On July 29, 2007, the Defendant concluded a construction contract with the Plaintiff for the purpose of insurance.

The main contents thereof are as follows:

(hereinafter referred to as “instant insurance contract”) Details of the contract for construction work insurance.

2. Insured: Defendant and other companies related to the Corporation;

5. Insurance period: From July 30, 2007 to July 29, 2011;

6. Amount of insurance coverage: 432,750,603,000 won (excluding general management expenses, profits, and indirect expenses);

7. Conditions for purchasing the insurance;

(a) General terms and conditions of German construction insurance;

(c) Self-Payment: 30,000,000 won - General terms and conditions of insurance for single construction work in a natural disaster/1 accident, and under the following terms and conditions:

section 8 of the General Conditions, if the claim for insurance money is made false or false, or if the respondent has committed a fraudulent act to acquire any benefit under this Policy, the action shall be brought within three months after the claim for insurance money and the claim for insurance money has been rejected, and if the arbitration has been made under this provision, the claimant shall lose his right to claim any benefit under this Policy unless it is exercised within three months after the decision of the arbitrator or the Tribunal has been made.

Article 1 of the provisions applicable to material damage, if any loss or damage occurs, if the total insurance amount covered falls short of the insurable value, the amount compensated by the insured in this Policy shall be reduced in proportion to the insurable value of the insurance amount of this Agreement.

On September 21, 2010, due to the centralized rain, the Defendant for a collective energy supply system co-development facility located on the eight underground floors of the instant construction site due to the concentration on September 21, 2010.

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