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(영문) 창원지방법원진주지원 2020.03.24 2018가단32360
보험금
Text

1. The Defendant’s KRW 7,427,556 as well as the Plaintiff’s annual rate of KRW 5% from April 28, 2019 to March 24, 2020.

Reasons

1. Basic facts

A. On July 2010, the Plaintiff leased two floors of the building C located in Jinju-si (hereinafter “instant building”) and started to operate a “D” private teaching institute (hereinafter “instant sports center”).

B. On January 24, 2014, the Plaintiff concluded a “E” insurance contract with the Defendant for the insurance period from January 24, 2014 to January 24, 2021, and with the insurance amount of KRW 260 million.

(hereinafter “instant insurance contract”). C.

On December 29, 2017, at around 24:00, a fire was caused due to an accident presumed to be a short circuit (hereinafter “instant accident”) in the instant building. Accordingly, the Plaintiff suffered damage from damage caused by the interior of the instant sports hall and various household fixtures.

On March 14, 2018, the Defendant requested FF Co., Ltd. to investigate the damage, and the damage adjuster submitted a damage evaluation report on calculating the amount of damage of the Plaintiff as listed in the table below.

(hereinafter “instant report”). Accordingly, the Defendant paid KRW 20 million to the Plaintiff on February 13, 2018, and paid KRW 69,88,660 of the remainder insurance proceeds on March 15, 2018.

The insurable value of the subject-matter of an insurance contract shall be 160,00,00,00 151,58,4888,288,543,276- 28,543,276- 276- 50,000,920,920,0007,638,78244,638,782,782-782, 638, 782, 260, 260,200, 209, 209, 81, 2769, 3064, 208, 63646, 208, 208, 306, 406, 1664, 208, 306, 2064, 306, 2046, 3064, 206, 20646, 3646, 20646, 3646,

2. Determination

A. 1 The Plaintiff paid insurance proceeds by applying a reduction rate of at least 60% to the goods purchased from time to time by the Defendant among the goods purchased from time to time, but the reduction rate is only 50%.

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