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(영문) 서울북부지방법원 2016.05.12 2013가합21967

채무부존재확인

Text

1. Each insurance contract entered in the separate sheet No. C with respect to a fire accident that occurred in Hanam-si B on January 24, 2013.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On November 15, 2012, the Defendant concluded a fire insurance contract with respect to C (hereinafter “instant store”) located in C (hereinafter “instant store”) located in C (hereinafter “instant store”) with the period of insurance from November 15, 2012 to November 15, 2013; the amount of insurance coverage was KRW 100,000,000 in the building where the instant store is located (hereinafter “the instant building”); the inventory amount was KRW 300,000,000 in inventory assets; and the premium was KRW 1,740,40,00 in inventory assets; ② the Plaintiff’s Hyundai Sea with the insurance period was from November 15, 2012 to November 15, 2013; the amount of insurance coverage was KRW 100,000 in inventory assets, KRW 400,000 in premiums; and each of the instant fire insurance contracts was paid to each of the Plaintiffs (hereinafter “the instant insurance contracts”).

B. On January 24, 2013, around 08:03, the building and inventory assets, which were the subject matter of insurance, were destroyed by fire in the instant store.

(hereinafter “instant fire”). C.

The terms and conditions of each insurance contract of this case stipulate all exemption of insurance proceeds as follows.

(hereinafter referred to as “each of the instant insurance clauses”). Article 12 (Non-Compensation Damages) Company shall not compensate for any damages arising from the following causes:

1.The contractor, the insured (in the case of a corporation, the director or any other institution 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 following facts, if any:

1. Where the contractor or the insured intentionally causes a cause for the payment of insurance proceeds;

2. Where a contractor or the insured intentionally enters matters different from the fact in 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 made;