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(영문) 대구지방법원 2019.07.25 2017가단134581
보험금
Text

1. The Defendant’s KRW 173,490,950 as well as the Plaintiff’s annual rate from October 12, 2017 to June 24, 2019, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that engages in textile business, such as fiber processing, medical care, and garmenting of clothes, in the building located in the Gyeongbuk-gun, Chungcheongnam-do (hereinafter “instant building”).

B. The Plaintiff and the Defendant entered into a fire insurance contract with the subject matter of insurance with the instant building, inventory assets, machinery, etc. owned by the Plaintiff (hereinafter “instant insurance contract”).

- The name of goods: D-Contractor and the insured: the insurance period from January 30, 2015 to November 30, 2020 - The location of the subject matter of insurance: the location of the subject matter of insurance: the maximum amount of compensation for the burning damage of a third party is KRW 300 million in the purchase amount of the building, the inventory assets and the installation machinery (the maximum amount of compensation for the burning damage of a third party is KRW 250 million in the building, KRW 10 million in the inventory assets, KRW 250 million in the machinery, KRW 250 million in the machinery, etc.).

C. On July 14, 2016, around 00:35, the Plaintiff’s entire factory was destroyed due to an unexpected fire and the Plaintiff’s factory was destroyed, and the Plaintiff’s factory, G Co., Ltd. factory, and H’s factory were partly burned.

On October 11, 2017, the Defendant deposited “30 million won of insurance money for third party’s burning damage and KRW 263,077,786 of insurance money for the Plaintiff” in the Daegu District Court.

On the other hand, with respect to the insurance money of KRW 150,00,000 due to the instant fire, the Credit Guarantee Fund served a notice of the assignment of claims with a fixed date upon the transfer of claims on or around March 20, 2017 on the Defendant, and the Defendant already paid KRW 150,000 to the Credit Guarantee Fund.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserts that the damage incurred by the Plaintiff Company due to the instant fire is KRW 242,508,378 of the building; KRW 100,00,000 of the damage on the inventory assets; KRW 244,060,358 of the damage on the machinery and apparatus; and KRW 586,568,736 of the damage on the machinery and apparatus. Of the damage, the Plaintiff asserted that the damage was KRW 150,00,000 of the insurance money transferred to the Korea Credit Guarantee Fund; KRW 263,07 of the Defendant’s deposit money.

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