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(영문) 서울중앙지방법원 2020.08.13 2019나75442
보험에관한 소송
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Seoul Special Metropolitan City Nowon-gu apartment C Apartment (hereinafter “instant building”) and the Defendant is an insurance company that runs the insurance business.

B. On August 22, 2011, the Plaintiff entered into an E insurance contract (the insurance period up to August 22, 2026; hereinafter “instant insurance contract”) with the Defendant, and the said insurance contract includes a special agreement (the maximum guarantee amount 100 million won; hereinafter “instant special agreement”).

Of the contents of the instant special agreement, the issues of the instant case are as follows.

1. (Types and Grounds for Payment of Insurance Money) The Insured Company shall be bound to compensate for damages sustained by the insured for any accidents listed below during the insurance period of this Special Terms and Conditions by bearing legal liability for the physical disability of others, or by bearing liability for compensation for any damages to other persons' property, in accordance with this Special Terms and Conditions:

(1) An accident resulting from the possession, use, or management of the house (including movable property and real estate in the site; hereinafter referred to as "house") entered in the insurance policy with which the insured (person subject to insurance) lives, which is caused by the daily life of the insured (excluding the possession, use, and management of real estate other than a house).

5. (Reasons for Not Payment of Insurance Money) / [2] Damage sustained by a person who bears no direct or indirect liability as listed below without asking for the cause, shall not be covered:

(2) Except for the houses stated in an insurance policy, liability for damages arising from the real estate owned, used or managed by the insured.

C. Since the conclusion of the instant insurance contract on April 12, 2019, valves installed in the boiler distribution machine installed in the instant building were destroyed due to the impossibility of being known around April 12, 2019, and the water leakage occurred, and the Fho Lake, which is the lower floor of the instant building, is flooded.

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