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(영문) 인천지방법원부천지원 2016.07.14 2015가단105096
채무부존재확인
Text

1. In relation to the accidents described in paragraph (1) of the attached Form and the details of the insurance, the automobile insurance contract described in paragraph (2) shall govern;

Reasons

1. Basic facts

A. The Plaintiff is a company running automobile insurance business, etc., and the Defendant A is the owner of the CNAS car (hereinafter “Defendant vehicle”), and the Defendant B apartment council of occupants’ representatives (hereinafter “Defendant’ representatives’ representatives council”) is the manager of the B apartment 103 underground parking lots located in D in Seocheon-gu, Seocheon-gu (hereinafter “instant underground parking lots”).

B. On August 8, 2014, the Plaintiff entered into an automobile insurance contract with E (hereinafter “instant insurance contract”) with respect to Franchising automobiles owned by E (hereinafter “Plaintiffs”) with the insurance period from August 8, 2014 to August 8, 2015, setting the insurance period from August 8, 2014 to the attached Form No. 2 (hereinafter “instant insurance contract”).

C. According to the terms and conditions of the instant insurance contract’s liability for damages, the Plaintiff shall compensate for damages incurred by the insured’s removal of or damage to other’s property due to an insured automobile accident that occurred while the insured owns, uses, or manages the insured automobile.

E On February 15, 2015, around 12:16, the Plaintiff’s vehicle was parked in the instant underground parking lot, and around 15:17 on the same day after around 3 hours passed thereafter, some of the Defendant’s vehicle parked in the instant underground parking lot, such as the attached Form No. 1, and the accident that partially damages the outer wall of the instant underground parking lot (hereinafter “the instant fire accident”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1, Eul evidence No. 3-2, and the purport of the whole pleadings

2. The plaintiff's request for principal lawsuit against the defendant's council;

A. The Plaintiff, an insurer, was not at fault with respect to the occurrence of the instant fire accident to E, the insured of the instant insurance contract, and thus, was the Defendant’s council of occupants’ representatives regarding the instant fire accident.

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