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(영문) 서울중앙지방법원 2019.11.29 2018가단5212323 (1)

채무부존재확인

Text

1. With respect to "the primary accident" as stated in the Attachment No. 1, the Plaintiff's liability or insurance money against the Defendants.

Reasons

1. Facts of recognition;

A. The Plaintiff (the Plaintiff changed the trade name on June 2015 from D Co., Ltd. as at present) is an insurance company.

Defendant B management body (hereinafter referred to as “Defendant management body”) is a management body comprised of the owners of Gangnam-gu Seoul Metropolitan Government building B (hereinafter referred to as “instant building”).

Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a company that manages the instant building upon entrustment by Defendant Co., Ltd.

B. On April 13, 2013, the Plaintiff entered into a contract with the Defendant management body to “business liability insurance (securities number: E; hereinafter referred to as “first insurance”) with the insured as the Defendant management body, the insurance period from April 13, 2013 to April 12:00, 2014, and the content of the collateral as the content of the collateral (i.e., the insured’s loss incurred due to the “facilities owned, used, or managed by the insured within the insurance contract and accidents arising from the performance of his/her duties in accordance with the use of such facilities” (i.e., compensating for the loss incurred by the insured’s legal liability burden on another person; hereinafter the same shall apply), the amount of the collateral subscription as the substitute, the amount of the collateral subscription as KRW 300 million, and the large amount of KRW 100 million (100,000,000).

On April 13, 2014, the Plaintiff entered into an insurance contract with the Defendant Company, the insurance period from April 13, 2014, to April 16:00, to April 13, 2015, with the content of the collateral, such as the liability to compensate the owner of the facility. In the case of the liability to compensate the owner of the facility, the Plaintiff entered into an insurance contract with the “F insurance” (securities number: G; hereinafter referred to as “second insurance”) with the cover amount of KRW 300 million, and the cover amount of KRW 100 million (10,000,000,000,000).

C. On December 21, 2013, among the instant buildings, the inner waterproof layer of the toilet of the first floor is destroyed and damaged, and “the primary accident” is “the 11st room out of the H scraping driving range on the first floor below ground.”

A. The occurrence occurred.

On June 10, 2014, the main floor of the first floor among the buildings in this case is the aging.