채무부존재확인
1. The independent party intervenor's appeal is dismissed;
2.The intervenor of the independent party added at the trial of the party shall be selected;
1. The reasoning for this Court’s explanation concerning the facts of recognition and the defense of this part is as stated in the reasoning of the judgment of the court of first instance, “1” and “2,” and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the claim for transfer money
A. According to the above facts of determination as to the cause of claim, barring any special circumstance, the Plaintiff is obligated to pay the Intervenor the insurance proceeds of the instant fire within the limit of KRW 400,000,000 to the extent of KRW 400,000.
B. On the plaintiff's defense 1), the plaintiff defense that the above insurance claim was extinguished by the statute of limitations. As such, Article 662 of the Commercial Act provides that the right to claim the insurance amount shall expire if it is not exercised for two years, and does not provide for the starting point of the statute of limitations. Thus, Article 166 (1) of the Civil Act provides that "the statute of limitations shall expire when it is possible to exercise the right." Thus, the right to claim the insurance amount is only an abstract right before the occurrence of the insurance accident, but it is only an abstract right before the occurrence of the insurance accident, and it is possible to exercise the right from the time when the specific right is confirmed due to the occurrence of the insurance accident. Thus, in principle, it is reasonable to interpret that the statute of limitations of the right to claim the insurance amount runs from the time when the insurance accident occurred (see, e.g., Supreme Court Decision 2013Da34693, Sept. 26, 2013).