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(영문) 의정부지방법원 2014.06.27 2012가합71500
채무부존재확인
Text

1. On May 10, 2012, in relation to a fire accident that occurred in a factory building located in the 528-5, Yongsan-dong, Dong-dong, 528-5, written out in the separate sheet.

Reasons

1. Basic facts

A. On March 7, 2012, the Defendant concluded an insurance contract with the Plaintiff as indicated in the separate sheet (hereinafter “instant insurance contract”) and paid the premium under the insurance contract around that time. The main contents of the terms and conditions of the instant insurance contract are as follows.

Article 29 (Compensation for Loss) ① Company shall compensate for the following damages which the subject-matter of insurance is caused by a fire (including rice hushes) (hereinafter referred to as “accident”):

1. Direct damage caused by an accident;

2. Fire-fighting damage resulting from an accident (damage that occurs in the course of extinguishing fire);

Article 35 (Calculation of Insurance Money to be Paid by Company for Damage Caused by General Goods) (1) The insurance money to be paid by the Company for the damage caused by an accident shall be calculated as follows:

However, at the risk of paragraph 2, inventory assets (referring to the original register materials, re-processed goods, semi-finished goods, products, by-products, and similar goods) shall be subject to paragraph 2.

1. When the insured amount is equal to or greater than 80% of the insurable value: The full amount of damages within the insurable amount: Provided, That if the insured amount is greater than the insurable value, it shall be limited to the insurable value;

2. When the purchase amount of insurance is smaller than the insurable value equivalent to 80% of the insurable value: Loss within the limit of the purchase amount of insurance ¡¿ Amount equivalent to 80% of the insurable value of the purchase of insurance ¡¿ the insurance amount to be paid by the company for the loss incurred to factory goods:

1. If the purchase amount of the insurance is equal to or greater than the insurable value: The full amount of damages within the insurable value: Provided, That if the purchase amount of the insurance is greater than the insurable value, I shall not exceed the insurable value;

2. When the purchase amount of insurance is smaller than the insurable value: Loss within the limit of the purchase amount of insurance ¡¿ the insurable value of the insurance.

B. In the event of a fire accident, the insurance period of the instant insurance contract is within the insurance period.

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