채무부존재확인
1. All appeals against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal shall be the principal lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 15, 2012, the Defendant entered into a fire insurance contract with C (hereinafter “instant store”) located in Chungcheongnam-si (hereinafter “instant store”) with respect to ① the Plaintiff’s interesting fire and the insurance period from November 15, 2012 to November 15, 2013, with the purchase price of KRW 100,000,000, inventory assets of KRW 300,000,000, insurance premium of KRW 1,740,40,000, and KRW 1,740,000, with the insurance premium of KRW 20,000,00 from November 15, 2012 to November 15, 2013; and ② the Plaintiff’s Hyundai Sea and the insurance period of KRW 100,000,000,000, insurance premium of KRW 4730,00,00 each of the following insurance contracts (hereinafter “the Plaintiffs”).
B. On January 24, 2013, around 08:03, a fire (hereinafter “instant fire”) occurred in the instant store, and the buildings and inventory assets, which are the subject matter of insurance, were lost.
C. The terms and conditions of each of the instant insurance contracts (hereinafter “each of the instant insurance contracts”) provide for the exemption of insurance proceeds, etc. as follows:
Article 12 (Compensation for Non-Compensation) The Company shall not pay compensation for any loss caused by the following reasons:
1. The contractor, the insured (in the case of a corporation, the director or any other officer executing the business of the corporation), or his legal representative, may terminate the contract within one month from the date on which the company becomes aware of the fact in the following cases:
1. Where the contractor or the insured intentionally causes a cause for the payment of insurance proceeds;
2. Where the contractor or the insured intentionally enters matters different from the fact in the documents concerning the claim for insurance proceeds, or forges or alters such documents or evidence: Provided, That where any ground for the payment of insurance proceeds has already occurred, the payment of insurance proceeds shall be affected;