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(영문) 서울동부지방법원 2016.03.31 2014가합110233
채무부존재확인
Text

1. As to the accident described in the attached Form 1, the plaintiff (Counterclaim defendant) based on the insurance contract listed in the attached Form 2.

Reasons

1. Facts of recognition;

A. On June 2010, the Defendant installed a solar-powered power plant in Chapter 4,320 square meters of Gaving 209-1, 16,959 square meters of the screen screen Garing-gun, Chungcheongnam-gun, Chungcheongnam-gun, and constructed a solar-powered power plant that produces electricity of 950.4 Kw by using solar power (a certain structure that makes it possible to develop solar power by constructing solar cells) and operates the said power plant from around that time.

B. On June 13, 2014, the Defendant entered into an insurance contract with the Plaintiff with the said solar power plant (hereinafter “instant power plant”) as the insured subject matter as follows.

Insurance types: institutions and machinery comprehensive insurance (C.M.I.) policyholder and insured: The insured period from June 17, 2014 to June 16, 2015 (1 year): the part covered by the defendant: the property damage and the part covered by the insurance contract (guarantee amount) and insurance premiums (temporary payment): - the property damage portion: 4,197,931,000 won/6,000 won/6,087,000 for the property damage portion: 34,409,788 won/1,36,50 won for the property damage portion - the amount of self-payment of KRW 1,000 per accident - the portion of the property damage - the portion of the property damage - the portion of the property damage excluding the portion for 14 days.

C. The instant power plant created a site where the north and south-side topographical location are high in order to obtain the maximum sunlight, and the remaining topographical location is low, and built by cutting the field of the hills and building a brick-stack retaining wall around the site in order to secure the maximum possible site. At around 16:55 on July 20, 2014, the Defendant confirmed that the instant power plant collapsed about about 10 meters of the east part of the instant power plant’s east part of the instant power plant (hereinafter “first accident”) (see attached Table 3) in the course of a regular inspection conducted once a week.

On July 22, 2014, the Plaintiff received an insurance accident from the Defendant from around that time to October 31, 2014, and followed the procedures for the payment of insurance proceeds, such as on-site inspection, review of data including documents and drawings related to completion, and calculation of estimate for restoration work.

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