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(영문) 창원지방법원 2014.10.23 2014나30050
보험금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On February 22, 2011, the Plaintiff entered into an insurance contract with the Defendant and the Plaintiff on the fourth floor neighborhood living facilities and housing on the fourth floor above the ground owned by the Plaintiff (hereinafter “instant insurance contract”) and paid KRW 10,000,000 as the first insurance premium on the same day.

B. C, while leasing the second floor of the above building (hereinafter “the instant real estate”) and operating the skin management office, was cut off on June 13, 201 and rainwater was cut down in the river. Around that time, there was an accident where part of the artificial park installed in the instant real estate ceiling was down.

C. Under the special terms and conditions of the instant insurance contract, with respect to the payment of insurance proceeds in relation to collapse, flood, and emergency damage, the following are determined.

1. Article 1 (Compensation for Loss) (1) A company (Defendant) shall compensate for any loss arising from the subject-matter of insurance due to the collapse, intrusion, or incident during the period of insurance in accordance with this Special Clause;

(2) The collapse, degradation, and situation referred to in paragraph (1) mean the following:

1. collapse: It means that all or part of a building or a structure of a building is automatically collapsed due to internal defects, corrosion, erosion, erosion, etc. when it is used according to ordinary purposes, not the external power of explosion, blasting, fire, etc.;

However, it shall not be considered as collapse that part of the reduction due to rupture or damage.

2. Bedinger: He shall not see that a building or a structure of a building, which is not an explosion, blasting, fire, etc., is entirely or partially sunken due to internal defects, corrosion, erosion, etc. when using it according to ordinary purposes;

3.The situation: It means that expenses will collapse in a lump sum due to N.O. and N.C.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 4, and 7 (including virtual numbers), the result of on-site inspection by the court of first instance, the purport of the whole pleadings

2. Determination as to the cause of the claim.

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