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(영문) 인천지방법원부천지원 2015.11.06 2014가단44811

채무부존재확인

Text

1. The plaintiff's defendants under a mutual aid agreement as stated in the attached Table 2 with respect to the accident stated in the attached Table 1.

Reasons

1. Facts of recognition;

A. On July 2, 2010, the Plaintiff entered into a mutual aid agreement with Defendant A and Defendant A with the same content as the attached Form stating that, with respect to the third floor detached houses on the ground located in Seocheon-gu, Nowon-gu, Seoul (hereinafter “instant housing”) owned by Defendant B, the wife of Defendant B (hereinafter “instant mutual aid agreement”).

B. As of the closing date of the pleading in this case, there are cracks inside and outside of 0.3m of 0.3m from the concrete principal part of the marina concrete, damage by subsidence, destruction of rupture, gate and the first floor door to the outside wall, and cracks, water leakages, and fungs pollution inside and outside of 0.1m from the first floor to 0.5m from the outer wall.

C. On November 15, 2013, the Defendants filed a claim for mutual aid based on the mutual aid agreement for the following reasons: (a) the entrance door of the Seodaemun and the first floor was cut down and damaged around the time of wintering to the Plaintiff; (b) the water leakage was generated on the third floor beera and the kitchen, and the toilet beer around November 15, 2013; (c) the water leakage was generated on the first floor around November 15, 2013; and (d) the floor and the stairs outer wall of the instant building was ruptured on the floor of the instant building and the stairs outer wall.

Article 13 (Compensation for Loss) (1) The plaintiff is bound to compensate for the following losses, the purpose of which is fire (including rice dust; hereinafter the same shall apply), explosion, and marination:

1. Damage caused by fire, explosion, or heat;

2. Fire-fighting damage caused by fire, explosion, or heat wave;

3. 화재 및 폭발, 파열에 따른 피난손해 (피난지에서 5일 동안 생긱 제1호, 제2호의 손해를 포함합니다)

D. The instant mutual aid agreement provides for the payment of insurance proceeds as follows.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, appraiser D's appraisal result, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1: The rupture and leakage generated from the instant housing occurred due to the deterioration or management of the housing, and thus, in the instant mutual aid contract.