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(영문) 전주지방법원 2018.09.13 2017나8947
보험금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

A. B On February 13, 2009, the insured on February 13, 2009 between the Defendant and the Defendant C [the operation of the Dratium in the Jeonju-si (hereinafter “the instant Manion”).

(A) Around February 13, 2009 to February 13, 209, the insurance period of which was set up (hereinafter “instant insurance”) entered into a non-dividend comprehensive insurance contract with non-payment of dividends from February 13, 2009 to February 13, 209.

B. According to the general terms and conditions of daily life compensation liability guarantee among the insurance in this case, the defendant shall compensate for damages sustained by the insured and his/her spouse living together with the insured during the insurance period, by bearing legal liability for damages to the physical disability or property of others due to a contingency accident caused by the ownership, use, and management of the house (the pertinent house No. 403) used by the insured for residential purpose (which is the first time No. 403) and a contingency accident caused by the insured’s daily life.

C. On February 20, 2016, the Plaintiff residing in the instant case under Article 303: (a) suffered flood damage from the water leakage in the main room, living room, small room, etc. (hereinafter “the primary water leakage accident”); and (b) around April 2016, the Defendant paid the Plaintiff insurance money of KRW 11,280,000 for the unpaid repair cost according to the terms and conditions of the instant insurance household life liability guarantee agreement. D. On June 14, 2016, the Plaintiff incurred flood damage from the waterproof floor of the toilet floor (hume floor) at the living room, 2,000 and on the wall of the second place (hereinafter “the second water leakage accident”); and (c) the Defendant paid the Plaintiff the insurance money of KRW 11,280,00 for the unpaid repair cost pursuant to the said terms and conditions of the instant insurance household life compensation agreement.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4, Eul evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. On September 5, 2016, the Plaintiff’s summary of the cause of the claim is the discharge pipe of the toilets No. 403 of this case.

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