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(영문) 부산지방법원동부지원 2015.06.12 2014가합101841

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On December 17, 2007, the Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) with the Defendant, such as the content indicated in the attached list, in which the policyholder, the Busan-Gun B house located in the subject matter of the insurance (hereinafter “instant house”), the insurance amount of KRW 310 million, and the insurance amount of KRW 310 million (hereinafter “instant insurance contract”).

(2) The part relating to the instant insurance contract is as follows.

Article 13 (Compensation for Loss Caused by Fire) (1) The third party insurance money, etc. (2) The company shall not compensate for any loss caused by fire (damage in the course of extinguishing fire). (3) The company shall not compensate for any loss caused by fire for the following reasons:

(1) Intention or gross negligence of a contractor, the insured (in cases of a corporation, its director or any other institution executing the business of the corporation), or his/her legal representative.

B. On June 5, 2014, at around 21:00, the Defendant discovered a fire in the instant house, which was slelighted by the candlelight that was destroyed by a fire (hereinafter “the instant first fire”). However, the instant fire was discharged from the instant house without taking a separate measure to report the fire by himself/herself, and on June 5, 2014, there was an accident where the entire fire in the instant house was destroyed by a fire (hereinafter “this time fire”).

C. As to the instant fire accident, the Defendant confirmed the summary order: (a) on July 23, 2014, the summary order was issued to the Busan District Court on July 23, 2014, stating that “it did not take measures to completely remove the fire of the instant first fire and caused public danger by setting fire by out the instant fire accident due to negligence outside the relevant job.”