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(영문) 서울고등법원 2017.06.01 2017나8380
보험금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. Facts of recognition;

A. On February 7, 2011, the Plaintiff, an attorney-at-law, entered into a contract for liability insurance for attorneys-at-law (hereinafter “instant insurance”) with the Defendant, the named insured, the Plaintiff’s insurance period from December 1, 2010 to December 1, 2011, and the maximum amount of compensation is KRW 200 million (per KRW 5 million).

The insurance clause is in English, and the translation issued to the plaintiff at the time of the conclusion of the insurance contract is called a "reference employment", and the contents of the insurance contract cannot be asserted based on the translation.

나. 이 사건 보험계약의 보험약관에는 보상대상에 관하여 “보험기간 내에 최초로 제기되고, 보험회사에 통지된 배상청구(claim)에 따른 손해(damages) 및 청구비용(claims expenses)을 지급한다(We will pay on behalf of an insured "damages" and "claims expenses" for which "claim" is first made during the "policy period" and reported to us within the "policy period" )”고 되어 있다.

C. In addition, the term "damages" under the terms and conditions of the insurance refers to the damage caused by the loss, omission, negligence, personal impairment, or nonperformance of professional legal services that occurred in the course of providing professional legal services on behalf of the named insured or the named insured on behalf of a third party (the agreement must be the compensatory damage for which the insured is legally liable to be paid by the insured as a result of a judgment, decision or agreement, which shall be negotiated with the insurer's assistance and approved by the insurer.

"Damages" means compensatory damages which an insured becomes legally obligated to pay as a result of any judgement, award or settlement, provided any settlement is negotiated with the assistance...

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