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(영문) 서울남부지방법원 2016.08.25 2015가단226797
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 2, 2012, the Plaintiff concluded a factory fire insurance contract (hereinafter “instant insurance contract”) with respect to a factory located in Hansung-si (hereinafter “instant factory”) (hereinafter “the instant factory”) with the Hansung-si Co., Ltd., and the main contents are as follows.

Cover period: Security risks from March 2, 2012 to March 16, 2013: Matters concerning the objects of fire damage and security:

1. Machines: Amount of insurance coverage,10,000,000 won;

2. Inventory assets: Amount of insurance coverage, 100,000,000 won;

3. Building: Amount of insurance coverage, 97,000,000 won (at least the aggregate amount of insurance coverage, 307,000,000 won).

B. On July 31, 2012, a fire (hereinafter “instant fire”) occurred at the instant factory. On August 2, 2012, the Plaintiff entered into a damage adjustment agreement with the Defendant to delegate the duty of evaluating damage (hereinafter “instant damage adjustment agreement”). On October 19, 2012, the Defendant calculated the total amount of insurance proceeds excluding the remainder amount in relation to the instant fire as KRW 269,311,123 and reported to the Plaintiff.

C. The Korea Fire Insurance Co., Ltd. paid KRW 269,311,123 to the Plaintiff as fire insurance, and the Plaintiff paid KRW 10,500,000 to the Defendant by January 29, 2014.

The terms and conditions of the instant insurance contract relating to the instant fire (hereinafter “instant insurance terms and conditions”) are as follows.

§ 11 (Compensation for Loss) ① Company shall compensate for the following losses which the subject-matter of insurance is fire:

1.Direct damage resulting from an accident. (2) The Company shall additionally pay the following expenses paid by the contractor or the Insured where the damage occurs due to the risk guaranteed in paragraph 1:

1. The cost of removing the remaining substances: the cost of dismantling the remaining substances at the site of an accident, the cost of cleaning, the cost of removing the soil, air and water pollutants in the neighboring area, and the cost of disposing the wastes after being loaded on the vehicle;

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