(영문) 의정부지방법원 2015.11.24 2013가단154252

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(영문) 의정부지방법원 2015.11.24 2013가단154252

보험금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 15, 2009, the Seoul Local Government Procurement Service concluded a contract for the purchase of procurement commodities (hereinafter “the instant procurement contract”) with the Korea Stage Institute Co., Ltd. (the trade name was changed to “KTTTTTT”) and the procuring entity (the name of the Plaintiff, the place of delivery, the place of delivery, the contract amount of KRW 1,120,321,480 for the Plaintiff’s designated Plaintiff, the delivery period of October 8, 2010 for the delivery period, and the delivery conditions (referring to the conditions that the contractor completes the construction of the pertinent goods to the place designated by the procuring entity) respectively.

B. On September 16, 2010, the Defendant and the insured entered into a warranty insurance contract of the Plaintiff, the purchase amount of insurance amount of KRW 56,016,074, the insurance period from October 8, 2010 to October 7, 2012, and the terms of the guarantee agreement of the instant procurement contract (hereinafter “instant contract”).

C. Around October 2010, 2010, the COS supplied and installed stage equipment, including sound reflectors, in accordance with the instant procurement contract, etc.

However, around March 9, 2011, the Plaintiff’s side took part in the process of moving the sound reflectr board installed at a large performance hall of the art hall of the Art Hall of the Republic of Korea (hereinafter “the instant large performance hall”) for the purpose of bringing the Pianno in.

[Ground for Recognition: Facts without dispute, Gap evidence 15, 23, 26

(2) Each entry and the purport of the whole pleading

2. Determination

A. The Plaintiff’s assertionTex caused the occurrence of an insured incident involving the transfer of sound reflectors due to the defect in the installation of the sound reflectr board installed at the instant large performance hall. The cost of at least 73,983,219 won was required to repair the defect. Since the amount exceeds the insurance coverage amount of the instant insurance contract, the Defendant ultimately objection against the Plaintiff.

유사 판례

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-대법원 2010. 1. 28. 선고 2009다56160 판결

-서울동부지방법원 2009. 6. 24. 선고 2009나1810 판결