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(영문) 서울중앙지방법원 2019.06.20 2018가합501476
손해배상(기)
Text

1. The Defendant’s KRW 173,809,674 for the Plaintiff and KRW 5% per annum from January 27, 2018 to June 20, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing and selling food, and the Defendant is a company that merges with D (hereinafter “D”) as an insurance agency of C Co., Ltd. (hereinafter “C”), and E, F, G was an insurance solicitor, branch office, and general manager of D office.

B. On May 4, 2015, upon introduction of E, the Plaintiff entered into an I insurance contract (hereinafter “the instant fire insurance contract”) with respect to the Plaintiff’s chemical construction located at H (hereinafter “the instant building”) and the goods, raw and subsidiary materials, machinery, office fixtures, and interior facilities, and received the insurance policy, with a view to ensuring losses caused by fire. The main contents are as follows.

The actual cost of the Plaintiff’s insurance premium and accumulated insurance premium: 260,000 won / 111,442 won: The actual cost of the Plaintiff’s insurance premium payment: 150,000,000,000,000 as security of the insurance premium (cost) covered by the property collateral, and 41,950 - The maximum amount of the subscription amount per subject matter in case of fire, loss and fire-fighting loss, and escape loss - the maximum amount of loss per subject matter in the event of fire - the cost of dismantling the remainder at the site of the accident, cleaning cost (including cost of removing pollutants) and expenses loaded on the other hand within 10% of the amount of damages.

C. Upon receiving a request from J’s representative director to raise the amount of accumulated premiums to be refunded upon the expiration of the contract term, “E” requested G to prepare an application for approval of change of fire insurance contract, and then sought it to the Plaintiff as the Plaintiff’s company, and submitted the above application’s official seal to C. On May 28, 2015, “C approved change of the contract in accordance with the above application.

However, the above application for approval to change the fire insurance contract is valid.

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