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(영문) 부산지방법원동부지원 2015.02.13 2014가합102998
채무부존재확인
Text

1. Attached Form;

1. Attached Form for an accident described in the list;

2. The plaintiff against the defendant based on the insurance contract indicated in the list.

Reasons

1. Basic facts

A. On April 7, 2014, the Plaintiff entered into an insurance contract with the Busan waterworks headquarters (hereinafter “instant waterworks headquarters”). The attached Form is between the Plaintiff and the Plaintiff’s waterworks headquarters.

2. As indicated in the list, in a case where damage was incurred to others due to the water quality defects in tap water produced and supplied by the waterworks headquarters, the product liability insurance contract (hereinafter “instant insurance contract”) was concluded, which guarantees the legal person or the liability for the damage of substitute water, to be borne by the waterworks headquarters.

B. Around July 2014, the Defendant filed a claim for the payment of insurance proceeds with the Plaintiff in accordance with the instant insurance contract, asserting that the water supply by the waterworks headquarters of this case had caused acute water death, a disguised infection and infection of an unidentified source, etc. due to water supply.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that there was no patient who caused the same symptoms as the Defendant among the occupants of apartment houses residing by the Defendant, and that there was no pollutant in tap water according to the result of the investigation on the water quality status of tap water supplied by the waterworks headquarters of this case, and that there was no causation as to the fact that the disease caused to the Defendant was caused by the defect in the water quality of tap water is unclear, and that there was

B. With respect to the occurrence of an insurance accident under the judgment insurance contract, the claimant for insurance proceeds bears the burden of proof (see, e.g., Supreme Court Decision 2010Da12241, 12258, Sept. 30, 2010). The evidence submitted alone is insufficient to acknowledge that there was a water quality defect in the tap water provided by the waterworks headquarters of this case, and that the Defendant caused the occurrence of the disease, and there is no other evidence.

Therefore, the annex

1. Attached Form for an accident described in the list;

2. Time limit for an insurance contract entered in the list.

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