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(영문) 대구지방법원 2013.10.31 2012가합44505
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The council of occupants' representatives (the representative C) and the council of occupants' representatives (the representative C) concluded a housing fire insurance contract (the “instant insurance contract”) with the Defendant with the following contents: (a) the council of occupants' representatives (the representative E in the case of referring to the B apartment and D apartment together; and (b) the council of occupants' representatives (the chairperson of each of the instant apartment) concluded the housing fire insurance contract with the Defendant.

On September 29, 2010, the total amount of insurance coverage of the policy holder and the insured as of the date of concluding the contract, from September 30, 201 to September 25, 2011, to September 25, 2011, 200,000 E on December 20, 2010 to December 24, 2010 to December 24, 201, E from December 24, 2010 to December 24, 2011.

B. Article 11(1) of the General Terms and Conditions incorporated into the content of the instant insurance contract provides for the following:

Article 11 (Compensation for Loss) ① Company shall compensate for the following damages which the subject-matter of insurance is caused by fire (including rice dust), explosion, explosion, or dust (hereinafter referred to as "accident"):

1. Direct damage caused by an accident;

2. Fire-fighting damage resulting from an accident (damage that occurs in the course of extinguishing fire);

3. Evacuation damage resulting from an accident (including the damage referred to in subparagraphs 1 and 2 above, which occurs to the subject-matter of insurance for five days from the refuge area);

C. On April 26, 2011, around 21:10, the occurrence of lightning (hereinafter “instant one lightning accident”) occurred in the vicinity of Yongcheon-si (hereinafter “instant one lightning accident”). On April 27, 201, the Plaintiff was requested from the head of the B Apartment Management Office to repair B apartment home gate facilities, etc. due to the lightning accident.

On June 1, 201, around 18:50, the occurrence of lightning (hereinafter “the instant second lightning accident”) occurred in the vicinity of Yongcheon-si (hereinafter “the instant second lightning accident”). On June 2, 2011, the Plaintiff was requested from the D Apartment Management Office to repair D apartment home gate facilities, etc. due to the lightning accident.

On July 16, 2011, the Plaintiff asserted that, upon completion of repair of home-to-soil facilities, etc. of B apartment, there was a claim for the repair cost of 114,011,700 (hereinafter “instant insurance benefit claim”) and around September 15, 201.

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