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(영문) 의정부지방법원고양지원 2017.11.24 2015가합75490
보험금
Text

1. The counterclaim Defendant is 66,198,40 won and the interest rate of 15% per annum from November 10, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s status as the Counterclaim Plaintiff (hereinafter “Plaintiff”), the conclusion of the fire insurance contract between the Plaintiff and the Counterclaim Defendant (hereinafter “Defendant”), and the payment of the Plaintiff’s insurance premium (hereinafter “Defendant”), as well as the Plaintiff’s building located in Gyeyang-gu, Gyeyang-gu, Yangyang-gu (Ground 2, half underground 1, and hereinafter “instant building”).

(2) On September 29, 201, the Plaintiff and the Defendant concluded a fire insurance contract (hereinafter “instant insurance contract”) with the insurable value of 10,000,000,000 won, the insured, monthly insurance premium of 80,000 won (Guarantee 68,120, 731,880 won), the insurance period from September 29, 201 to September 29, 201, with respect to all of the instant buildings as the insurable value of 10,000,000 won (CCTV, and sound equipment) for all of the movable property within the instant building, the Plaintiff, and the insured, and the monthly insurance premium of 80,000,000 won (Guarantee 68,120, 731,80 won) for five years from September 29, 2011 to September 29, 2016.

The coverage of the instant insurance is as follows: (a) fire (including rice dust), fire-fighting, escape, proportional compensation (Provided, That in the case of exclusive houses, compensation shall also be made for the actual amount of damage caused by explosion and heat) in the event of the occurrence of damage; (b) the cost of dismantling the remainder; (c) the cost of cleaning (excluding the cost of removing pollutants) and the cost of loading the remainder into the vehicle; (d) the amount of fire damage insurance and the cost of removing the remainder within the limit of 10 per cent of the amount of fire damage; and (e) the sum of the cost of fire damage insurance and the cost of removing the remainder shall not exceed the limit of the purchase amount of the insurance (CCTV and sound equipment) table.

3) The Plaintiff paid a total of KRW 24,800,000 to the Defendant over 31 times every month from September 201 to March 2014, respectively, by automatic transfer from the Plaintiff’s Nonghyup Bank account, prior to the occurrence of the instant fire, prior to the occurrence of the instant fire. (B) The instant building was composed of the 1st, 2nd, and underground floors, and its rough structure and underground floors.

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