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(영문) 대구지방법원 2017.09.07 2016가합207625
채무부존재확인
Text

1. On May 15, 2016, the separate list shall be recorded in relation to the fire accidents that occurred in the building B in Daegu North-gu, Daegu-gu.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is a company running non-life insurance business, etc., and the Defendant is the owner of a building listed in the attached Table located on the ground B of Daegu North-gu (hereinafter “instant building”).

B. On March 18, 2014, the Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) with the Defendant as shown in the attached list stating that the Defendant would compensate the Plaintiff for losses incurred by the fire of the instant building through an insurance solicitor C through the insurance solicitor C (hereinafter “instant insurance contract”).

C. The Plaintiff and the Defendant agreed to apply the terms and conditions of the instant insurance contract (Hi1304) for the Plaintiff’s non-payment of dividends and fire indemnity insurance (Hi1304) (hereinafter “instant insurance contract”). The main contents are as follows.

Article 25 (Duty to Notify after Contract) of the General Terms and Conditions of Cargo Insurance (Hi1304) ① When any of the following events occurs after concluding a contract, the contractor or the insured shall promptly notify the company in writing and obtain confirmation from the insurance policy (the insurance policy).

3.When the company becomes aware that the risk has been clearly changed or changed (the effect of breach of the duty to know) ① the company may terminate this contract within one month from the date it becomes aware of the occurrence of the loss, in the following cases:

2. Article 25 (Duty to Notify after Contract) (1) of the Special Terms and Conditions (Hi1304) of the Undividendd Fire Compensation Insurance (Hi1304) (Obligation to notify after Contract) (1) Where any of the following events occurs for the purpose of insurance after a contract is concluded, the contractor or the insured shall promptly inform the company in writing and obtain confirmation from the insurance policy, if he/she fails to perform his/her duty to inform after the contract is concluded:

5. A building, the insurance object of which is;

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