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(영문) 서울고등법원 2015.07.22 2014나2017860
보험금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. On November 9, 2011, based on fact-finding, the East river (the rehabilitation procedure commenced on November 30, 2009 and the Plaintiff was appointed as the administrator; hereinafter “Dong river basin”) concluded an insurance contract with the Defendant with the following content (hereinafter “first insurance contract”) and paid all the insurance premium.

The insured: From November 16:00 to November 9, 201, 201, the security risks of one year: Fire damage collateral and the amount of insurance coverage: 63,670,000,000 won in total, and KRW 75,20,000,000 in total, and KRW 58,000,000,000 in office, and KRW 75,000,000,000 in office, and KRW 5,20,000 in office, and KRW 5,000,000 in office, and KRW 75,00,000,000 in office, due to a fire in the insured object: Loss, fire-fighting damage, escape damage, expenses for removal of remaining objects, expenses for preservation of remaining objects, expenses for preservation of subrogation, and other expenses for cooperation, which occurred on October 16, 2012, the entire fire in this case (hereinafter referred to as “factory operation”).

Accordingly, on October 18, 2012, the Defendant requested the Kasco Fire and Marine Damage Adjustment Co., Ltd. (hereinafter “Kasco”) to investigate the accident and assess the damages. On May 2, 2013, Kasco calculated the total amount of KRW 402,903,903,291, including the portion of the building on the amount of damages, KRW 353,253,482, and KRW 49,649,809.

[Reasons for Recognition] No dispute, Gap evidence Nos. 1 through 5 (including a serial number; hereinafter the same shall apply), Eul evidence No. 2, and the purport of the whole pleadings

2. Claiming the payment of insurance money;

A. The Plaintiff’s assertion is the cause of the claim. According to the content that Kasco notifies the Plaintiff around March 2013, the Plaintiff, even though the total amount of damages incurred by the instant fire accident was 404,347,844, the Defendant paid only KRW 189,149,608 as insurance money to the Plaintiff, and the Defendant paid the remainder of damages to the Plaintiff.

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