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(영문) 서울중앙지방법원 2016.01.15 2015가단5022994
구상금
Text

1. The Defendant: (a) KRW 45,00,000 for the Plaintiff and its related KRW 5% per annum from January 14, 2014 to March 16, 2015; and (b) March 17, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. B around November 16, 2011, purchased the land C, D, and E, and concluded a contract on the construction work in Taeyang-si with the Defendant, a housing developer, for a housing (the instant housing). However, the Defendant completed the construction of the instant housing and completed the registration of ownership transfer in the name of the Plaintiff or the Plaintiff’s designation. 2) On November 201, 201, the Defendant completed the registration of ownership transfer in the future of F on the same day after completing the registration of ownership transfer in its own future on the same day.

B. On December 13, 2011, the Plaintiff entered into a comprehensive insurance contract with B to December 13, 201, with respect to the instant house, with the insurance period from December 13, 2011 to December 13, 2026, which provides that “the collapse of the insurance amount, the collapse of the flood, the storm and the situation shall be KRW 250 million, the fire damage shall be KRW 200 million, and the instant house, which is the subject of insurance, shall be determined as the insurance amount and KRW 200,000,000,000,000,000,000,000,000,000,000.

C. On February 13, 2013, B filed a claim for insurance proceeds against the Plaintiff upon the occurrence of the phenomenon where the wall surface of the instant housing was set up, and the Plaintiff paid insurance proceeds to B on January 13, 2014, based on the “Safety Technology Group of the Sungjin Structure and Safety Technology Co., Ltd.’s report on safety diagnosis on November 2013, 2013, stating that “the ground was set up due to the subsidence of the filled-up part of the instant housing site, which caused a crack on the basis of the instant housing site.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3-1, 2, 4-1, 2, 5, 6, 7-1 through 5, and the purport of the whole pleadings

2. The parties' assertion and judgment

(a) argument;

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