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(영문) 대전지방법원논산지원 2020.08.26 2019가합2339
채무부존재확인
Text

The plaintiff (Counterclaim defendant)'s main claim is dismissed.

The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 571,881,945.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On August 29, 2018, the Plaintiff entered into a non-life insurance contract (hereinafter “instant insurance contract”) in attached Form 1 (hereinafter “instant insurance contract”) with the Defendant on August 29, 2018, 1, 2, 2, 3, 3, 2000 won in total insurance coverage period from August 29, 2018 to August 29, 2019 with respect to the production of facilities in the Kugdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “instant-dong-dong-dong-dong-dong-dong-

The part relating to the issue of this case among the terms and conditions of fire risk guarantee incorporated into the content of the instant insurance contract (hereinafter “instant special terms and conditions”) is as follows.

Article 1 (Compensation for Loss) (1) of the Special Terms and Conditions for Fire Risk Guarantee (referring to the plaintiff; hereinafter the same shall apply) shall, notwithstanding the provisions of Article 4 (Non-Compensation for Loss) 11 of the General Terms and Conditions, compensate for the loss caused by fire in accordance with this Special Terms and Conditions.

Article 2 (Non-Compensation for Loss) The Company shall not compensate for any loss caused by the following reasons:

On September 26, 2018, around 01:47, the contractor, the insured, or his/her legal representative caused the damage of KRW 571,881,945 in total to the subject matter of the instant insurance (excluding KRW 100,000,000,000) due to the occurrence of a fire in the instant house (hereinafter “instant fire”) around September 26, 2018.

[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 1 to 3 (including a provisional number; hereinafter the same shall apply), the appraisal result of appraiser E, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant fire occurred due to intentional fire-prevention by the Defendant, a policyholder.

Therefore, the plaintiff is not obligated to compensate for the defendant's damage under Article 2 (1) of the Special Terms and Conditions of this case.

B. The defendant's assertion.

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