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(영문) 부산지방법원 2014.09.03 2014가합40438
채무부존재확인
Text

1. The Plaintiff’s obligation to the Defendant based on the insurance contract as stated in the attached Table 1 with respect to the insured events as shown in the attached Table 2

Reasons

1. Basic facts

A. On June 11, 2009, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the lease deposit of KRW 232,650,00 (50% of acquisition cost), lease fee of KRW 6,237,410 (48 installment payments), and the guarantee-free corporate bonds with maturity maturity of three years (A-BB-5), average interest rate of KRW 3.39% (A-B-5), the lease interest rate of KRW 43.39% (hereinafter “instant lease agreement”).

B. On September 4, 2012, 2012, the two capitals and the insured workers’ two capitals and the insurance coverage period from September 4, 2012 to September 4, 2013 regarding the instant printing machine, and concluded an insurance contract (hereinafter “instant insurance contract”) with the amount of insurance coverage of 334,353,381 won (the stipulated loss amount stipulated in the instant lease contract at the time of the conclusion of the insurance contract), monthly 48,400 won for insurance premiums.

C. On June 10, 2013, during the term of the instant lease agreement, a fire occurred in the printing office located in Jung-gu, Busan, which was located in B, which became virtually impossible to repair the instant printing machine due to the fire.

(hereinafter “instant accident”). D.

After the instant accident, the Defendant paid 6,418,100 won for the lease fee of KRW 6,418,100 for the lease fee of KRW 47 August 5, 2013, and KRW 6,418,100 for the lease fee of KRW 6,418,100 for the lease fee of KRW 48,418, and KRW 235,437,930 for the lease fee of KRW 235,437,930 paid by the Defendant at the time of entering into the instant lease contract, and the Defendant paid the lease fee of KRW 235,437,930 for the lease fee of KRW 47,00 for the lease fee of this case.

The two capitals transferred the right to claim the payment of insurance money under the insurance contract of this case to the defendant.

E. The amount of the stipulated loss that stipulated the instant insurance contract at the time of the instant accident is KRW 276,742,370, the lessee to the leased company at the time of the instant accident.

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