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(영문) 의정부지방법원 2016.07.20 2013가합73466

채무부존재확인

Text

1. As to the accident described in the attached Table 1, the Plaintiff (Counterclaim Defendant) based on the insurance contract stated in the attached Table 2.

Reasons

1. Basic facts

A. The Plaintiff is a company running the insurance business, and the Defendant is the owner of the building B at Dongducheon-si (hereinafter “instant building”).

B. The Defendant concluded an insurance contract between the Plaintiff and the insured with the purport of the insurance as the Defendant and the instant building with the content that the Plaintiff would be compensated for the damage if the damage to the instant building was incurred due to fire.

The term "insurance contract of November 10, 2009", "2010 insurance contract of November 9, 201", "2010 insurance contract", "2011 insurance contract of November 8, 201", and "insurance contract of November 9, 2012" are "the instant insurance contract of this case". < Amended by Presidential Decree No. 23290, Nov. 10, 2009; Presidential Decree No. 23290, Nov. 9, 2

(1) The insurance contract number of November 10, 209: C on November 10, 2009: (a) from November 10, 2009 to November 16, 2010 on November 10, 2010: D on November 9, 2010 to November 16, 200 on November 10, 201; (b) 16:0 on November 10, 201 from October 10, 201 to November 16, 2011; and (c) 16:0 to November 10, 201 from November 10, 201 to October 16:0 on November 10, 2012; and

C. On September 8, 2013, around 18:00, the instant building caused fire, and the inside and facilities of the instant building were destroyed by fire, etc. (hereinafter “instant accident”). D.

On October 8, 2013, the Plaintiff: (a) confirmed that the instant building was closed (round December 27, 2011), which was operated by the lessee prior to the conclusion of the instant insurance contract; (b) and (c) did not appear without the manager; and (d) notified the Defendant that the instant insurance contract was terminated on the ground that the Defendant violated the obligation to notify the entire contract.

-Terms and Conditions - the contractor, the insured, or their agents, who are aware of the matters asked under Article 14 (Notice of Terms and Conditions) as to the subscription (including the questionnaire), without fail, to inform the truth.

【Obligation to notify before the contract’s conclusion】 Obligations prescribed in Article 651 of the Commercial Act. The policyholder or the insured shall be true as to the important matters asked in writing by the insurance company at the time of subscription.

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