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(영문) 서울중앙지방법원 2017.11.08 2016가합540422

채무부존재확인

Text

1. In relation to a fire accident that occurred at the office of Yongsan-gu Seoul and H Co., Ltd. located in Yongsan-gu Seoul on April 1, 2016.

Reasons

Basic Facts

H Co., Ltd. (hereinafter referred to as “H”) is a corporation that runs the wholesale and retail business of electronic equipment at the 7th 703 office (hereinafter referred to as “instant office”) on the ground of Yongsan-gu Seoul Metropolitan Government “I building” (hereinafter referred to as “instant building”).

Defendant Lessee Co., Ltd. (hereinafter referred to as “Defendant A”) was a corporation established for the purpose of manufacturing, wholesale and retailing, and service business of computers and peripheral devices, and used the 701th floor of the instant building and the 704th floor and 705th floor of the instant building as the corporation established for the purpose of electronic commerce and related distribution business.

Defendant C (hereinafter referred to as “Defendant C”) is a corporation established for the purpose of manufacturing computers and peripheral devices, and was established for the purpose of selling computers and peripheral devices; Defendant D (hereinafter referred to as “Defendant D”); and Defendant E (hereinafter referred to as “Defendant E”) used the 11th floor of the instant building as a corporation established for the purpose of selling mobile phones wholesale and retail; and Defendant E (hereinafter referred to as “Defendant E”) used the 402 floor of the instant building as a corporation established for the purpose of selling computers and peripheral devices; and Defendant Ftel management body was located in Yongsan-gu Seoul High Court in the vicinity of the instant building.

On August 10, 2015, the Plaintiff (Counterclaim Defendant; hereinafter referred to as “Plaintiff”) entered into the instant insurance contract with H with respect to the instant office, and entered into a non-distribution spectrum property comprehensive insurance contract (hereinafter referred to as “instant insurance”).

On April 1, 2016, around 19:55, the instant fire, etc. occurred in the instant office, and the office of this case was destroyed by fire and the Defendant A’s computers and peripheral devices, etc., which were kept in custody on the 7th floor 701 of the building adjacent to the instant office, were destroyed, and the fire was spread.