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(영문) 서울중앙지방법원 2016.03.31 2014가단5115394
보험에관한 소송
Text

1. The Defendant’s KRW 20,482,152 as well as the Plaintiff’s KRW 6% per annum from May 28, 2014 to March 31, 2016.

Reasons

1. Basic facts

A. From August 23, 2012 to August 23, 2015, the Plaintiff agreed to apply the special terms and conditions (hereinafter referred to as “special terms and conditions”) to cover damages incurred for the purpose of insurance within the limit of KRW 60,000,000,000, in entering into an insurance policy with the Defendant, the insured, and the Plaintiff’s insurance period from August 23, 2012, and the Seoul Jung-gu C detached Housing (hereinafter “instant building”) owned by the Plaintiff, and a non-dividend-house 1204 insurance (hereinafter “instant insurance”).

B. The special terms and conditions stipulate that "any or part of a building or a structure of a building or a structure in accordance with ordinary uses, not the external power of explosion, blasting, fire, etc., standing a building or a structure of a building or a structure of a building or a structure of a building or a structure of a building or a structure of a building or a structure of a building or structure

(Article 1). (c)

On June 15, 2013, there was an accident that the underground room rainwater of the instant building was sunk down, and the Defendant deemed that the Plaintiff’s damage caused by the said accident constituted property damage caused by the collapse, flood, and emergency stipulated in the special terms and conditions, and paid insurance proceeds of KRW 1.160,00 to the Plaintiff.

On July 2013, the underground room of the instant building was flooded due to a concentrated rain around July 2013, and around that time, damage was caused by the damage requiring the volume of KRW 67,375,502 for the cost of restoration, such as rupture and concrete fall, on the outer wall, roof, and fence of the instant building.

(hereinafter “instant accident.” However, the instant building was newly constructed on January 1, 1970 and was partially extended thereafter, but its time of extension is unclear. Since then, the construction cost incurred from the deterioration of the building is presumed to be KRW 20,482,152, considering the degree of depreciation due to the deterioration of the building until the time of the instant accident.

E. At present, the instant building is at least 1/1,100, maximum of 1/115, horizontal season at least 1/550, maximum of 1/71.

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