채무부존재확인
1. With respect to a fire that occurred in a household, factory, or store located in the population B in the Ministry of Environment around 08:45 on February 28, 2011:
1. Basic facts
A. On July 12, 2010, the Defendant’s father: (a) leased the lease deposit for the factory site B and its ground factory building (hereinafter “instant building”) from D-owned from D on July 12, 2010; (b) KRW 20 million in terms of the lease deposit; (c) KRW 180,000 in terms of the rent; and (d) from August 16, 2010 to August 15, 2015, the lease term was determined and leased; (b) the Defendant began to operate the furniture factory and store in the name of “E” in the instant building from around that time.
B. On September 30, 2010, C concluded a fire insurance contract on the instant building and machinery and movable property located within the said building as the insured between the Plaintiff Company and C as the insured (hereinafter “instant insurance contract”).
C. A fire (hereinafter “instant fire”) occurred in the instant building around 08:45 on February 28, 201, during the insurance period of the instant insurance contract, and the machinery and movable property located in the instant building were destroyed.
Around March 5, 2011, the Defendant filed a claim against the Plaintiff for the payment of the fire insurance money due to the instant fire. However, the Plaintiff reserved the payment of the insurance money by asserting that the instant fire was caused by the fire of the Defendant and F, the Defendant’s wife, and the Defendant’s wife. On April 5, 2012, the Daeyoung Damage Evaluation Co., Ltd., which was the damage adjuster of the instant fire, filed a complaint against the Defendant and F as a general structure, fire and fraud. However, the Defendant and F received a non-prosecution disposition without suspicion on the ground that there is insufficient evidence to acknowledge the suspected crime on December 17, 2012.
E. The main contents of the instant general terms of insurance are as follows.
Article 4 (Contract for Third Party) (2) Where an insured event occurs in a contract for another person, if the contractor compensates the other person for the loss caused by the occurrence of the insured event, the contractor may claim for the payment of the insurance proceeds to the company to the extent that it does not prejudice the rights of the other person
§ 15. (Compensation)