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1. The Defendant’s KRW 277,269,780 for the Plaintiff and 6% per annum from August 23, 2017 to June 27, 2018.
Reasons
Facts of recognition
A. On May 2, 2014, the Plaintiff: (a) had the original trade name of the Defendant “Dong Fire & Marine Insurance Co., Ltd.” on May 2, 2014 to carry out construction works for constructing officetels on the ground level 1475-2, 1475-3, Busan Shipping Daegu (hereinafter “instant construction works”); and (b) was changed to the current trade name on November 1, 2017.
The following contents of the construction contract were entered into:
(hereinafter “instant insurance contract”). The insured period of the Plaintiff’s insurance: The insurance premium from February 17, 2014 to September 17, 2016: 67,067,443,789 won for the basic security property damage of KRW 34,067,489 for the construction work - the third party’s liability to compensate for the removal of remainder 300,000,000 won for the natural disaster per accident - the amount of 30,000,000 won for the natural disaster - the amount of 30,000,000 won for each other (construction work) and for each other (construction work) for each accident: the insurance condition of 10,000,000 won for the liability of 10,000,000 won for each (construction work) for the CAD Form (General Insurance Clause)
B. Meanwhile, the provisions pertaining to the third party’s liability for damages among the General Terms and Conditions of the instant insurance contract contained in the instant insurance contract (hereinafter “instant insurance contract”) are as follows.
Section 2. The third party liability company shall compensate the insured to the extent that it does not exceed the limit specified in the Schedule for the amount of legal liability due to the following damage:
a) The occurrence must occur directly in connection with the construction and assembly of an insured subject matter under Section 1 of the loss of any friendly property damage or disease (whether or not) suffered by a third party, or in connection with the construction and assembly of an insured subject matter under Section 1, and shall occur adjacent to the construction site during the cover period.
In respect of claims for compensation under this insurance, the Company shall also pay the following expenses:
a) All the costs of lawsuit that the insured has paid to the claimant for compensation with the approval of the Company in writing shall be set out in the Schedule in this section as the amount of liability of the Company.