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(영문) 인천지방법원 2016.06.22 2015나55786

채무부존재확인

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation as to this case is as stated in the reasoning of the judgment of the court of first instance, except for the following additional determination as to the Plaintiff’s argument, and therefore, it is decided to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On February 8, 2003, the Plaintiff asserted that the instant insurance contract was terminated at the time of the arrival of the above mail, but the instant insurance contract was terminated on February 1, 2003 due to the unpaid premium payment notice.

In addition, under the premise that the insurance contract of this case was not terminated on February 1, 2003 at the time of arrival by mail of February 8, 2003, the plaintiff was entered into a computer system that was invalidated on February 1, 2003 (No. 2-2), or dealt with it inside the plaintiff that was weakly settled on August 16, 2004, and even if the plaintiff sent the notice of payment of premiums and the notice of termination to the defendant's domicile on February 8, 2003, it is insufficient to recognize that the insurance contract of this case was terminated at the time of arrival of the above notice as the declaration of intention of termination by registered mail on February 8, 2003, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's above assertion is without merit.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.