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(영문) 의정부지방법원 2014.08.21 2013가합72173

채무부존재확인

Text

1. With respect to the accident described in paragraph 2 of the attached list, the same list against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The plaintiff is a corporation running non-life insurance business, such as fire insurance, etc., and the defendant is a personal business operator who manufactures general households and engages in wholesale and retail business, etc. with the trade name in South Yangyang-si City C from D.

On April 18, 2009, the defendant concluded a fire insurance contract with E Co., Ltd. (hereinafter referred to as E) on April 18, 2009 through April 18, 2012, with the insurance period from April 18, 2009 to April 18, 2012, the defendant determined that buildings and movables located in C, small sales facilities of business type (smarkets, retail stores of daily necessities, etc.), insurance amounting to KRW 400 million, insurance premium amounting to KRW 2,95,200, including movable property amounting to KRW 200,000.

After September 16, 2010, the Defendant concluded a fire insurance contract with F Co., Ltd. (hereinafter referred to as “F”) with the insurance period from September 16, 2010 to September 16, 2015, setting the total insured amount of KRW 1.9 billion, including the total insured amount of KRW 440 million in movable property, and KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, and the insurance premium was paid three times, and later the contract was invalidated.

After the termination of the insurance contract with the above E on May 21, 2012, the Defendant received introduction from H, an insurance solicitor of G and F, and entered into an insurance contract with the Plaintiff’s insurance agency from May 21, 2012 to May 16:0 to May 16:00 to May 21, 2013, the insurance period of the Plaintiff’s insurance agency, and entered into the insurance contract with the Plaintiff by determining the insurance premium as the total insured amount of KRW 1.2 billion, KRW 3,493,00,00 in total, including the total insured amount of KRW 90 million in total, KRW 1.2 billion in total, KRW 3,493,00 in total, and KRW 1.63.71 square meters on the ground of the steel framed Line, located in the subject matter of the insurance (hereinafter “instant building”), and the facilities in the instant building, aggregate fixtures, movable property, and representative type of small sales facilities (hereinafter “the insurance contract”).