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(영문) 제주지방법원 2019.12.11 2018나13776
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiff is a company running various insurance business, including non-life insurance business.

It is an insurer who has entered into a comprehensive automobile insurance contract with the nine vehicles listed in the table of this subsection (hereinafter referred to as “insured vehicles”).

B. On October 4, 2016, Jeju-do began with the impact of the typhoon 18 (CHABA, hereinafter “the instant typhoon”), and the typhoon dials were issued at one hour in p.m. on the same day.

On October 5, 2016, the insured vehicles were parked in the accident site confirmed by the lower table, and the vehicle was damaged by flooding due to heavy rain caused by the instant typhoon.

(hereinafter “the instant flood accident”). The cause of the Plaintiff’s assertion of the number number No. 1 C (hereinafter “the instant flood accident”). At the Jeju-si 1 C, the cause of the Plaintiff’s assertion 2 F Doz., G apartment neighboring the G apartment No. 3 H Doz. 3 H, Jeju-si, G apartment No. 4 K Doz., GV, GGGL LG 4, KM 5O in the vicinity of the LG apartment parking lot adjacent to the G apartment No. 6 Qz. 7, the area adjacent to the G apartment No. 3, the G apartment No. 3, the area adjacent to the G apartment No. 3, the area adjacent to the G apartment No. 8V, the area adjacent to the G apartment No. 3, the area adjacent to the

C. The Plaintiff paid a total of KRW 94,434,00 as insurance money for the damage of the insured vehicle caused by the flood accident.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 21, 25 to 32, and the purport of the whole pleadings

2. In the event of typhoons with the gist of the Plaintiff’s claim, the occurrence of flood damage was sufficiently known to the Defendant due to heavy rain.

In fact, Jeju area has experience in suffering from flood damage due to the influence of typhoon "Nari (NARI)" and typhoon "SNBA" recording the strong amount of 206 m of daily 420m high on September 16, 2007, which was recorded on September 17, 2012.

In the case of the typhoon of this case, not only the typhoon was in effect from the day immediately before the accident occurred but also the typhoon.

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