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(영문) 대전지방법원 2019.12.03 2018나119467
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

Attached Form 1 shall be indicated in relation to the insured incident indicated in attached Table 1.

Reasons

Basic Facts

around April 2013, the Defendant acquired the ownership of the C-Land Building (hereinafter “instant building”) and thereafter, from that time, is a business establishment where the call text middle-aged age or the elderly have danced with the trade name “D” in the instant building from that time.

A. The operation was conducted.

In addition, a general restaurant that can sell alcoholic beverages in the name of “Lax” inside the call text was operated together.

On the other hand, in the building of this case, the "colex" or any other similar type of business was opened from April 1, 200 and was in operation.

On August 25, 2014, the Plaintiff and the Defendant concluded an insurance contract (attached Form 1) including the content that compensates for fire damage by making the instant building, its facilities, fixtures, fixtures, movable property as the subject matter of insurance.

The amount of insurance coverage for each subject matter of the insurance contract indicated in attached Table 1 shall be as follows:

On June 3, 2015, when a fire occurred in the instant building, the insurance coverage amount of KRW 100,000,000 was 20,000,000 for 3 aggregate of KRW 20,000,000 for 4 movable property of KRW 10,000,000 for 3 aggregate of KRW 10,000 for 10,000 for 10,000 for 10,000 for 1,000 for 1,00,000 for 1,00,000 for 1,00,000 for 1,00,000 for 1,00 for 1,00,00

On July 6, 2015, the Defendant claimed insurance money of KRW 150,000,000 to the Plaintiff.

The main contents of the terms and conditions of the insurance contract indicated in attached Table 1 shall be as shown in attached Form 2.

[Based on the basis of recognition] A.1 through 7, evidence B. 3, and summary of the parties’ assertion in the purport of the whole pleadings is a valued insurance contract. Since both the instant building and its internal facilities, fixtures, and movables have been damaged, the Plaintiff shall pay to the Defendant an amount whichever is smaller between the insurable value and the actual damages.

In other words, with the commencement of the business in 2013, in the case of a building, it is complete to the extent that it can actually be reconstructed around March 2013.

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