채무부존재확인
1. On November 18, 2014, the Plaintiff (Counterclaim Plaintiff) against Samsung Fire, Marine Insurance Co., Ltd. and Defendant A.
1. Basic facts
A. The Plaintiff is an insurer who entered into a contract for parking lot liability insurance (hereinafter “instant insurance contract”) with the malicious Korea Co., Ltd. (hereinafter “Muss Korea”). As to the parking lot for the Mussle performance hall located in 319-33, Gwangjin-gu, Seoul Special Metropolitan City (hereinafter “instant parking lot”).
The relevant provisions of the above insurance contract are as follows:
[Ordinary Terms and Conditions] Article 10 (Compensation for Loss) Company shall be bound to compensate for the following damages sustained by the insured by causing physical harm to another person or by causing damage to another person's property due to an insured event set forth in the special terms and conditions which occurred during the insurance period within the coverage area stipulated in the Insurance Policy (Insurance Policy).
1. The term "accidents under Article 10 (Compensation) of the General Terms and Conditions that the company is liable to pay to the victim" refers to any accident arising from the ownership, use, and management of the insured, and the performance of parking services in accordance with the use of such facilities, as listed below:
B. Defendant A is the owner of the instant vehicle B (benz MW280I) (hereinafter “instant vehicle”). Defendant Samsung Fire is an insurer who entered into a comprehensive automobile insurance contract with Defendant A with respect to the instant vehicle (hereinafter “automobile insurance”).
C. At around November 18, 2014, Defendant A, the husband of the instant vehicle, retired from the instant vehicle for 10 minutes while having turned on the starting line of the instant vehicle parked in the instant parking lot at around 19:30.
However, at that time, a fire occurred on the instant vehicle, and an accident occurred where the instant vehicle was relocated due to the said fire.
(hereinafter “instant accident”). D.
Defendant Samsung Fire was caused by the instant accident based on automobile insurance to Defendant A until December 9, 2014.