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(영문) 대구지방법원서부지원 2016.06.30 2015가단18903
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 2014, while the Plaintiff operated a factory with the trade name “C” in Seongbuk-gun, Seongbuk-gun, the Plaintiff leased and used the instant building for the use of part of the instant building from F, which was operated by the Plaintiff.

B. Around December 3, 2014, F entered into a fire insurance contract with the Defendant (hereinafter “instant fire insurance”) and its main contents are as follows.

- Policyholders and the insured: F - The insurance period of E in the border sovereignty D: From December 3, 2014 to December 3, 2015 - The details of subscription: 100,000,000 won movable property of KRW 100,000,000 (factory) of the leased building: 100,000,000,000

C. On February 18, 2015, a fire occurred in the instant building during the said insurance period, and the instant building and movable property, machinery, etc. owned by the Plaintiff were partly damaged or invaded.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence Nos. 1 to 5, and 8 (including each number for additional evidence), the purport of the whole pleadings

2. At the time of entering into the instant insurance contract by the Plaintiff’s assertion, the Plaintiff and F shared the insurance premium from the insurance solicitor and entering into the instant insurance contract only in the name of F only with respect to the movable property owned by the Plaintiff in the instant building, and partly borne the insurance premium. As such, the Defendant is obligated to pay to the Plaintiff the amount equivalent to KRW 100,000,000, value of the Plaintiff’s movable property, machinery, etc., which were lost to the Plaintiff

3. In light of the following circumstances, each of the above evidence, Eul evidence, Eul evidence Nos. 6-1, 2, 7, 10, and 11, and each of witness G testimony, the following circumstances, which are acknowledged by comprehensively considering the overall purport of the pleadings, are the following circumstances, namely, the written application for the insurance contract of this case and the insurance policy of this case, the same as the insurance before the plaintiff was transferred, shall be deemed to be the "E with the opposite gender sovereignty D" and other matters, which are the owner's relation.

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