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(영문) 대전지방법원 2019.07.04 2017가합104495
보험금
Text

1. The plaintiff's primary claim for the payment of insurance money and the claim for confirmation of damages among the conjunctive claims.

Reasons

1. Basic facts

A. On July 4, 2014, the Plaintiff’s insurance policy holder and the insured (hereinafter “Plaintiff”) against the Defendant, the Plaintiff (hereinafter “Defendant Company”) are also the Defendant, the insurer, on July 4, 2014, and the Defendant Company, as the subject of the Plaintiff Company’s insurance, guaranteed the risk of fire damage to the entire building of the sixth floor and the sixth apartment building (hereinafter “D”) owned by the Plaintiff Company, which is the sixth floor and the sixth apartment building (hereinafter “instant sixth floor building”). The insurance policy amount refers to the maximum amount agreed upon between the insurer and the policyholder, and the insurer is the insurance policy amount payable by the insurer when an insurance accident occurs.

(See evidence No. 1 No. 4). “9,360,00,000 won”, and the purpose of the insurance of the type of the six-story building of this case, namely, the premium rate, i.e., premium rate, according to the type of business (see evidence No. 2 (8)). “Medical facilities” and the general fire insurance terms and conditions as to the insurance period refer to the period during which the insurance contract is guaranteed (see evidence No. 15 pages). The fire insurance contract was concluded with the term “from July 4, 2014 to July 16:00 to July 4, 2015.”

In the insurance policy (Evidence A No. 1-1) of the insurance contract dated July 4, 2014, there is an indication that the Plaintiff Company E (hereinafter “E”) created a pledge on the Plaintiff Company’s claim for the payment of insurance proceeds under the above insurance contract on the same day.

(A) At that time, the Plaintiff Company paid KRW 764,700 for the insurance premium, which was stipulated in the insurance contract of July 4, 2014, to the Defendant Company.

B. On September 15, 2014, the Plaintiff Company, the contractor for remodeling construction of the Plaintiff Company, is remodelling with F Co., Ltd. (hereinafter “F”), and F for F to use the instant sixth-story building as “medical facilities” (see, e.g., the second page of the preparatory document dated October 10, 2018).

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