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(영문) 인천지방법원부천지원 2017.07.05 2016가단112909
채무부존재확인
Text

1. As to the accident described in the attached list 1, the plaintiff against the defendant based on the insurance contract stated in the attached list 2.

Reasons

1. Basic facts

A. On February 8, 2010, B concluded an insurance contract between the Plaintiff, an insurance company, and the insured, under the attached Table 1, of which the insured is the Defendant, the non-distribution loader and the comprehensive spectrum as indicated in the attached Table 1.

(hereinafter “instant insurance contract”) was concluded.

Article 1 (Compensation for Loss) A company shall be bound to compensate for any loss sustained by the insured, as provided for in Article 2 during the insurance period of this Special Terms and Conditions, due to any accident listed below, by bearing legal liability for damages to another person's physical disability or legal liability for damages to property, in accordance with this Special Agreement:

2.An accident resulting from the insured’s daily life (damage not compensated) 3. The Company shall not compensate for the damages suffered by the following liability, regardless of whether the cause is direct or indirect, by bearing the liability listed below:

1. Liability due to a direct performance of the insured's duties;

B. Of the insurance terms and conditions of the instant insurance contract, the following are stipulated in the terms and conditions.

C. On May 29, 2015, around 12:00, at the time of Kimpo-si, the fire that the Defendant presumed to have incinerated household garbage, and the remaining fire, to have been moved to a plastic house, was caused by an accident listed in the attached Table 2, wherein the said plastic house was destroyed by 8 and 2 vehicles, etc., owned by Nonparty E and Nonparty E, located in the vicinity, and 8, respectively. (hereinafter “instant accident”).

[Reasons for Recognition] Unsatisfy, Entrys at Gap's 1 to 4 and the purport of whole pleadings

2. The parties' assertion and judgment

A. According to the insurance contract of this case, the plaintiff's assertion 1 of the parties concerned stated that the defendant is liable for damages incurred by the insured's bearing of "legal liability" due to an accident, and Article 752 of the Civil Act is applicable to the accident of this case.

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