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(영문) 서울남부지방법원 2016.05.26 2015가합6143
채무부존재확인
Text

1. Regarding the insurance contract entered into between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), as described in attached Form 1.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. 1) Occurrence of a vessel collision accident and the destruction of cargo

2) Accordingly, on February 14, 2015, the baseline B (B; hereinafter “instant vessel”) set the instant cargo from Solomon system to Busan Port.

3) On March 4, 2015, around 23:00, the instant vessel, which was operating into the port of Busan through the Incheon Port, conflicts with “C,” and partly damaged the left side of the said vessel due to the collision with “C,” which was sunken in front of the Gunsan Sea (hereinafter “instant accident”).

(4) On March 9, 2015, the instant vessel began to sail back to Busan Port by a tugboat. However, on March 10, 2015, at around 07:20, the instant vessel started to sail back to Black Islands, and was completely sunken on April 13, 2015.

In the process, the freight of this case was also destroyed by the sea.

B. 1) Conclusion of the Insurance Contract: The Green Central Branch of the Busan Bank (hereinafter referred to as the “Resan Bank”).

) The Defendant was acting as an agent for the conclusion of the cargo insurance contract on the cargo imported by the Defendant. D Employees of the Busan Bank are the cargo insurance contract in attached Form 1 (hereinafter “instant insurance contract”) between the Plaintiff and the Plaintiff on behalf of the Defendant around March 6, 2015, around March 6, 2015.

)을 체결하였다. 2) 이 사건 보험계약에 따라 위 D에게 교부된 보험증권에는, ‘멸실 여부를 불문하고 위험이 부보된다(lost or not lost), ‘본 보험증권에 따라 발생하는 책임에 관한 모든 문제는 영국의 법과 관습이 적용된다(All questions of liability arising under this policy are to be governed by the laws and customs of England)' 이하 '이 사건 약관'이라 한다

The term "" is defined as "."

C. On May 18, 2015, the Defendant claimed insurance money to the Plaintiff.

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