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(영문) 창원지방법원통영지원 2015.01.22 2013가단12340
채무부존재확인
Text

1. With respect to the accident described in the attached Form, the obligation to pay insurance proceeds to the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. In April 2012, the Plaintiff entered into a fire insurance contract (hereinafter “instant insurance contract”) with respect to the building B on the ground (including the second-class teacher, and the company house, warehouse, etc.) of the Dong-si Office of Education and the building B on the ground (including the second-class teacher) owned by the Plaintiff as follows.

Policyholders and representative insured: The insurance period of the 200-year Office of Education in Gyeongnam-do: From April 14, 2012 to April 14, 2013: The insurance period of the 200-year Office of Education in Gyeongnam-do: the additional clauses, the fire insurance clauses, the wind and flood hazard clauses, and the matters subject to the additional clauses for the exemption from terrorism: the code 1/Teacher, the 2/house, the 3/house of the 3/house of the 3/house of the 3/house of the 3/house of the 4/house of the 4/ toilet, the 6/house, the 7/house of the 6/house of the 6/house, the 8/house of the building/ware, the 8/house of the 8/ware: Schools

B. In around 2005, the Defendant borrowed the above Cschool building (hereinafter “instant building”) from the macro-School Office of Education, and remodeled it, and operated the instant building as the Dtheme Museum.

C. On September 17, 2012, at around 09:00, the attached Form No. 1 (hereinafter “instant accident”) was issued, where the outer walls, finishing materials, outdoor windows, etc. of the instant building are damaged due to typhoons’ storm (hereinafter “clurb”). D.

The terms and conditions of the instant insurance contract stipulate as follows with respect to the purpose of the insurance and the damage caused by wind and flood.

Article 10 (Scope of Subject-Matter of Insurance) of the General Fire Insurance Terms and Conditions (Article 10 (Scope of Subject-Matter of Insurance) 1 The subject-matter of Insurance refers to the goods insured pursuant to this Terms and Conditions, which are the buildings, etc.

3. The following things shall be included in the subject-matter of insurance unless otherwise agreed.

1. In the case of a building (ⅰ) the accessories to the building: the ownership of partitions, gates, fences, space between the owner of the insured (person insured) and those similar thereto (ⅱ) the attachment of the building: the ownership of the insured (person insured);

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