(영문) 춘천지방법원강릉지원 2019.03.26 2018가합30309

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(영문) 춘천지방법원강릉지원 2019.03.26 2018가합30309

보험금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 4, 2015, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with C (hereinafter “C”) on May 4, 2015, setting the construction period from May 11, 2015 to November 30, 2015 as construction cost of KRW 1,650,000,000 of construction cost (including value-added tax) with respect to third party D, E ground D, E ground D’s dividends, and Dogwon Construction.

Article 6 (Compensation for Loss) The Company (Defendant) shall compensate for the loss suffered by the insured who is the obligee in accordance with the terms and conditions of the insurance policy by failing to perform the obligation stipulated in the contract entered in the insurance policy (hereinafter referred to as "principal contract") as the obligor.

Article 7 (Payment of Insurance Proceeds) (1) Insurance proceeds to be paid by a company shall be the amount to be forfeited or forfeited to the insured, as stipulated in the principal contract.

However, if the principal contract does not include any forfeiture or reversion clause of the contract bond, I will be the actual amount among the amounts claimed by the insured to the extent of the contract bond.

(2) The amount of the actual damage under paragraph (1) shall not include the amount of the penalty for delay.

(3) The insurance money to be paid under paragraph (1) shall not exceed the amount of insurance coverage.

Article 8 (Termination of Contracts) (1) The Insured shall terminate or cancel the contract before claiming insurance money.

2. If the insured does not terminate or cancel paragraph (1), the company shall not compensate for the loss.

3. The termination or cancellation under paragraph (1) does not require that it be within the insurance period.

Article 9 ( Occurrence of Insured Events) An insured incident shall be deemed to have occurred when the contractor fails to perform the contract without good cause.

Article 10 (Non-Compensation for Loss) The Company shall not compensate for any loss arising from the following causes:

1. Reasons for the insured’s liability;

B. C is based on the instant construction contract.

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