채무부존재확인
1. The plaintiff's claim against the defendant (appointed party) and the appointed party is all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
1. Basic facts
A. The Plaintiff is an insurer of the first and second insurance contracts of this case.
B. The Defendant is a policyholder of the first and second insurance contract of this case, and the designated party E ( husband of the Defendant) is the insured of the second insurance contract of this case, and the designated party D (defendant of the Defendant) is the owner of the housing of this case which is the object of the fire insurance of the first and second insurance contracts of this case.
C. The insurance contract Nos. 1 and 2 of the instant case shall compensate for fire damage, such as the entries in the “Guarantee Prize Tax” column below.
However, the General Terms and Conditions (Article 2(1) of the above Section 2 of the Insurance Contract) and the Special Terms and Conditions (Article 6(1) of the above Section 2 of the Insurance Contract) stipulate that “The damage resulting from the intentional or gross negligence of the contractor, the insured, or his legal representative shall not be compensated for” (hereinafter “instant Exemption Clause”).
[1] According to the title guarantee of the object of a contract, fire (including rice dust), fire-fighting, escape damage - indemnity for loss in the event of occurrence of a fire (including rice dust), fire-fighting, escape damage - indemnity for loss in the event of removal of a remaining object, cleaning expenses, and indemnity for loss in the event of the occurrence of expenses for loading into the vehicle: Fire 2 insurance building in 10 years for indemnity for loss in the event of loss in the building (including rice dust), fire-fighting, fire-fighting, loss in the event of escape damage, and fire dives for 3 years for indemnity for loss in the event of loss in the event of occurrence of escape damage: Compensation for loss in the household (including rice dust), fire-fighting, loss in the event of escape damage, and proportional indemnity for 3 years for indemnity for loss in the event of occurrence of a fire accident at the location without deduction (Renewal) - Actual damages suffered by bearing legal liability for damage in the property of another person
D. On November 17, 2017, a fire occurred on the second floor living room of the instant housing (hereinafter “instant fire”) around 15:00.
As a result, about 5m2 centered on the central part of the living room in the second floor of the above house was destroyed, and there was damage such as the occurrence of the picture in the living room room.
E. The Defendant objection to the Plaintiff on November 21, 2017.