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(영문) 서울고등법원 2016.09.21 2015나2047615

채무부존재확인

Text

1.The judgment of the first instance shall be modified as follows:

On June 6, 2013, the receipt of the Dong-gu, Chungcheongnam-do shall be located in Pinsan-ri 296.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 25, 1995, the company was established for the purpose of manufacturing and wholesale and retailing glass products (e.g., World Cup, bottle, etc.) on January 25, 1995, and was newly constructed a factory (hereinafter “the factory of this case”) on the ground of the 296 and 20 lots of land (hereinafter “the factory of this case”) around 20, 2012, the company was manufacturing and selling glass products at the factory of this case.

B. The factory of this case was composed of machinery, equipment, such as melting furnaces, which is a device for manufacturing glasss by melting glass raw materials with high temperature, such as plastic type equipment, cryp cooling lines, water transformation equipment, printing equipment, brop, straw, straws, compact presses, gas pressure apparatus, storage equipment, etc.

B. Around May 2013, the terms and conditions of an insurance contract concluded between the Plaintiff and the Plaintiff and the Plaintiff entered into a property comprehensive insurance contract with the term of insurance period from May 31, 2013 to May 31, 2014. The main contents are as follows.

Section 1. General Risk Guarantee for Property in Section 1 - Movables: Factory operation, warehouse operation, restaurant operation, wastewater treatment place, pump room, security room machinery: melt sea, glass type equipment, glass air conditioners, etc. - Direct damage directly and exclusively for any cause not attributable to the insured's discharge from the securities within the cover period specified in the specification during the cover period - direct damage for the insured's discharge from the securities directly and indirectly, which is caused rapidly and evenly, to the subject-matter of the insurance: 15,016,649,331 machinery: 32,573,784,00 won (amount for damage among them, 8,226,07,000 won): Movables 3,20,000,000 won - Total Risk for Business Suspension in Section 3,20,000,000 won - General Risk for Business within the cover period specified in this Policy - Comprehensive Risk for Business Purposes within the cover period.