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(영문) 대전지방법원서산지원 2015.04.30 2014가합2000678
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person running non-life insurance business, etc., and the Defendant is a personal entrepreneur who runs general restaurants in the trade name of Seosan City B through C.

B. 1) The Defendant entered into an insurance contract with the Plaintiff through D, an insurance solicitor, on August 3, 2012: the insurance period between August 3, 2012 and August 3, 202, and the subject matter of insurance: the building located in Seosan City B (hereinafter “instant building”).

(2)Insurance premium: general restaurants, general restaurants, rate-type types of business: 1 billion won in the case of fire damage security; total amount of the building security; total amount of 250 million won in the case of fire damage security; total amount of the insurance premium; and total of 50 million won in the case of the insurance premium: unpaid and publicly notified large-scale property comprehensive insurance contract (hereinafter referred to as “instant insurance contract”).

2) The main contents of the instant terms and conditions are as follows: (a) the property damage guarantee clause (hereinafter “instant terms and conditions”) which constitutes the instant insurance contract.

Article 11 (Duty to Notify after Contract) (1) Where any of the following events occurs for an insurance purpose after entering into a contract, the contractor or the insured shall promptly notify the company in writing and obtain confirmation on the insurance policy:

3. Where the structure of a building, the purpose of which is insurance or insurance, is altered, reconstructed, extended, or repaired continuously for not less than fifteen days.

5. If a building for insurance purposes or a building for insurance purposes is not constructed or suspended for more than 30 consecutive days, the company may terminate this contract within one month from the date it becomes aware of the occurrence of the damage, in any of the following cases:

1. Where the contractor, the insured, or his/her agent has notified him/her of the material fact intentionally or by gross negligence, notwithstanding Article 10;

2. The conclusion of a contract prescribed in Article 11 (1) with respect to a significant change or increase in risk;

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