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(영문) 수원지방법원안산지원 2016.12.22 2015가합22059
보험금
Text

1. The Defendant’s KRW 50,618,676 as well as the Plaintiff’s annual rate of 5% from May 19, 2014 to December 22, 2016.

Reasons

Basic Facts

On February 25, 2013, the Plaintiff and his births completed the registration of ownership transfer for each 1/2 share of the D Nos. 501 (hereinafter “instant building”) of the D 5th unit C located in Ansan-si, Ansan-si, a member of the National Assembly of the Republic of Korea (hereinafter “instant building”) based on a voluntary auction.

The Plaintiff is the “IBK Enterprise Bank” as of the same day.

After receiving a loan from the lender, the sales price was paid in the above auction procedure.

At the same time, the Plaintiff and B completed the registration of the transfer of ownership as to the instant building, at the same time, to the Industrial Bank of Korea as a security for the said loan, the registration of the establishment of a mortgage on the instant building was completed with the maximum debt amount of 1,152,00,000 won

At the time of receiving the above loan, the Plaintiff concluded a fire insurance contract with the insurance period of one year for the instant building at the request of the Industrial Bank of Korea, and issued the Industrial Bank of Korea a pledge right to the insurance claim.

On March 5, 2014, the Plaintiff entered into the following insurance contracts with the Defendant (hereinafter “instant insurance contracts”) on the expiration date of the said insurance period, and had the Industrial Bank of Korea established a pledge against the said insurance claims.

The name of the insurance contract in this case: Insurance period A: Total insurance premium from March 5, 2014 to March 16, 5, 2015: 1,396,000 won (temporary payment): Fire Security (Amounting to 960,000,000) of the building in this case; Insurance Guarantee (Amounting to 10,000,000), Business Compensation (Amounting to 10,000,000,000,000) of the Insurance Terms and Conditions for Insurance (Calculation of Insurance Money)

2. When the purchase amount of insurance is smaller than the amount equivalent to 80% of the insurable value: Amount of damage up to the purchase amount of insurance ¡¿ amount equivalent to 80% of the purchase amount of insurance/price.

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