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(영문) 서울고등법원 2016.04.21 2015나2030020
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is a company running a non-life insurance business, etc., and the Defendant is a company running a transportation brokerage business, etc.) Around April 2014, the Defendant entered into a transportation contract with 100kw energy storage chain-linked system (hereinafter “instant loaded goods”) to transport the goods from Seoul to Jeju Island. In order to prepare for the case where the Plaintiff is liable for damages arising from an accident that occurred in the course of transporting the instant loaded goods, the Plaintiff entered into a transportation contract with the Plaintiff for cargo liability insurance (hereinafter “instant insurance contract”) with the period from April 11, 2014 to April 11, 2015.

B. 1) On April 15, 2014, the Defendant: (a) loaded the instant loaded goods to the 5 tons of freight vehicles, i.e., e., U.S., U.S., U.S., U.S. Do; and (b) loaded the instant loaded goods to the Incheon port; (c) on April 15, 2014, the Defendant, at the place of business, loaded the instant loaded goods to the 5 tons of freight vehicles that C drive with the delivery of the instant loaded goods at the place of business; and (d) on April 16, 2014, U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S.

(hereinafter “instant accident”). 3 On December 10, 2014, the Defendant notified the Plaintiff of the occurrence of the instant accident and claimed insurance proceeds based on the instant insurance contract, and the Plaintiff refused to pay the insurance proceeds.

(c) Major terms and conditions related to the instant insurance contract among the general terms and conditions of cargo liability insurance applicable to the instant insurance contract;

Details are as follows:

The cargo liability insurance;

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