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(영문) 의정부지방법원 2018.11.01 2018가단100830
채무부존재확인
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 58,258,880 and the Plaintiff’s counterclaim from December 12, 2017 to April 11, 2018.

Reasons

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

1. Facts of recognition;

A. The relationship between the parties and the content related to an insurance contract 1) The Plaintiff is a corporation that mainly runs an insurance business. The Defendant, around August 2016, is a corporation that mainly runs an insurance business. The Defendant is a single-story housing with the second floor of a wooden structure, a wooden structure, and a second floor of 54.2 square meters (hereinafter “instant housing”).

(2) Around August 25, 2016, the Plaintiff entered into an insurance contract with the Defendant as set forth in attached Form 1 (hereinafter “instant insurance contract”).

The relevant provisions of the above insurance contract are as follows.

The beneficiary of non-distribution fire, comprehensive insurance for Korean house without dividends and fire, and the beneficiary of payment at maturity (midway): The business type subject to application of the rate of detached house: The business type subject to application of the rate of detached house: The place of acceptance of detached house: Dive acceptance within the building marked on the security: The business type of wood building/4 applicable to each floor: The area of housing building supplied at Grade 4 (Size): 122: The details of guarantee.

(a) Amount of subscription to basic fire damage (building, temporary property) (building 80,000,000, temporary property, 30,000 won);

B. In the event of loss to the subject-matter of insurance due to the collapse, degradation, or incident of a special agreement, the actual amount of loss is guaranteed to the extent of the subscription amount (the subscription amount of KRW 110,00,000). 3) The general terms and conditions and special terms and conditions incorporated into the instant insurance contract (hereinafter “instant contract terms and conditions”) may be indicated as “instant

relevant parts of the General Terms and Conditions are defined as follows. Article 2 (Definition of Terms and Conditions, 1 Terms and Conditions

4. Subject-matter of insurance: The articles insured pursuant to this standardized contract and specified in the insurance instruments;

Article 1(Damages) of the Special Terms and Conditions for the collapse, collapse, and C&C Loss. 1-1. The Company shall compensate for any loss arising out of the subject-matter of insurance due to the collapse, subsidence, and emergency during the period of insurance specified in the Insurance Policy.

(2) The collapse, subsidence, and situation referred to in paragraph (1) shall be as follows:

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