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(영문) 서울고등법원 2018.07.25 2017나2020706
계약무효확인 등 청구의 소
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

Reasons

1. On January 16, 2014, at the first instance trial, the Plaintiff sought confirmation of the absence of an insurance payment obligation under each insurance contract concluded with the Plaintiff (hereinafter “each of the instant insurance contracts”) with respect to the occurrence of an unidentified fire by Defendant B Co., Ltd. (hereinafter “Defendant Company”), and sought confirmation of the invalidity of each of the instant insurance contracts. The first instance court dismissed the Plaintiff’s claim for confirmation of the non-existence of an insurance payment obligation on the ground that the Plaintiff did not have any interest in confirming the non-existence of an insurance payment obligation, and accepted the claim for confirmation of the invalidity of the insurance contract.

Since only the defendants appealed, the subject of the judgment of the court is limited to the claim for confirmation of invalidity of each insurance contract of this case.

2. Facts of recognition;

A. From around 1998, F operated the string company H from Kimpo-si to Kimpo-si, and purchased D land and factory buildings from Kimpo-si on May 2002. On October 2002, F commenced the business of manufacturing cosmetics in the form of an individual entrepreneur with the mutual name of "I" after being supplied with facilities for manufacturing cosmetics from the Dupo-si Co., Ltd. from the Dupo-ro Co., Ltd., and started the business of manufacturing cosmetics in the form of "I" after being supplied with facilities for manufacturing cosmetics from the Dupo-si on September 13, 2006, and established and operated J Co., Ltd. by converting "I" into a corporation on September 13, 2006. On August 20, 2010, F established and operated the Defendant Co., Ltd. as the actual owner of the above company.

B. From the time of operation of H, F entered into an insurance contract with the Plaintiff and a corporation established and operated at the time of the Plaintiff through H as the insured and the contractor, and concluded the insurance contract with all of the factory buildings, machinery, office fixtures, etc. as the subject matter of insurance. In the process, each of the instant insurance contracts was concluded on December 14, 2010 as the representative director of the Defendant Company and the Defendant Company as the contractor.

C. However, F is ① February 5, 2004.

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