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(영문) 광주지방법원 2019.10.08 2018가단535165

채무부존재확인

Text

1. An insurance contract indicated in the attached Form No. 1 with regard to an insured incident stated in the attached Form No. 1.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. The Plaintiff is an insurance company running non-life insurance business, and the Defendant is a policyholder and the insured who entered into an insurance contract indicated in the separate insurance contract (hereinafter “instant insurance contract”) with respect to the apartment house D in Gwangju Mine-gu, Gwangju (hereinafter “instant apartment house”) in which the Defendant resides between the Plaintiff and the Defendant around June 12, 2017.

B. On August 24, 2018, around 21:00, water leakage presumed to have been caused by the destruction of the floor floor of the bathing room floor of the insured apartment of this case, and the occurrence of an insured incident stated in the attached Form No. 1 (hereinafter referred to as the “instant accident”) in the event that water flows into the ceiling of the lower floor (hereinafter referred to as “damage apartment for convenience”) due to the water erosion of the damaged apartment, such as milching the ceiling of the damaged apartment with the water.

C. In addition to carrying out the construction of the damaged apartment in the Defendant’s expense, the Defendant carried out the instant waterproof removal, floor leakage prevention and restoration construction (hereinafter “the entire construction works carried out in the apartment of the insured of this case”) at the location presumed to be a water source among the apartment of the insured of this case. D. Meanwhile, the special terms and conditions of the instant insurance contract (hereinafter “instant terms and conditions”) include the following provisions. Article 2 (Compensation Damages) ① Company (Definition of the terms and conditions related to the liability for damages) provides that the insured under Article 1 (Definition of the terms and conditions related to the liability for damages) shall compensate for the following damages incurred by bearing the liability for personal damage or the liability for property during the insurance period of the instant special terms and conditions:

1. Statutory damage compensation liable for the insured to be paid to the victim;

2. The following expenses disbursed by the contractor or the insured:

(a) need to be disbursed by the insured in order to prevent or mitigate the loss under Article 9(1)1.