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(영문) 대구지방법원 2015.04.02 2013가합3877 (1)
채무부존재확인
Text

1. In relation to a fire that occurred at the “Cking practice room” on January 22, 2013, Daegu Northern-gu, as the first basement level of the ground building B, Daegu Northern-gu.

Reasons

1. Basic facts

A. From May 2002, the Defendant operated a singing practice room (hereinafter “instant singing practice room”) with the trade name of “Cing practice room” from the first floor of the underground floor of the building in Daegu Northern-gu B, Daegu-gu.

B. On December 24, 2010, D, the husband of the Defendant, entered into an insurance contract between the Plaintiff and the Defendant as the subject matter of insurance; the insured period from December 24, 2010 to December 24, 2015; the purchase amount of insurance is KRW 150 million in the part of the building; KRW 50 million in the part of the facility; KRW 50 million in the part of the house, KRW 10 million in the part of the house, KRW 10 million in the part of the house, and KRW 2.5 million in the part of the human house, and KRW 2.5 million in the case of a fire that causes damage to the subject matter of insurance; but around May 2012, the insurance contract entered into the list of the insurance contract (hereinafter “the insurance contract”).

C. Of the terms and conditions of the instant insurance contract, the non-dividend business partnership 1008 terms and conditions involved in the instant case are as follows.

Article 15 of the General Terms and Conditions (Types and Grounds for Payment of Insurance Money)

1. The Company is bound to compensate for the following losses suffered by a fire (including rice) by the “insurance” (hereinafter “insurance purpose”)

(1) Damage resulting from a fire. (2) Damage resulting from a fire (in the course of extinguishing a fire) (3) Damage resulting from a fire (including damage referred to in subparagraphs 1 and 2 above which is the subject-matter of insurance for five days from the refuge area; hereinafter the same shall apply) Article 17 (Reasons for Not Payment of Insurance Money) shall not prevent insurance money when the cause for paying insurance money occurs due to any of the following cases:

(1) An insured person: Provided, That in the case of a juristic person, the director or the executive officer of the juristic person.

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