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(영문) 대전고등법원(청주) 2020.12.22 2019나3388
채무부존재확인
Text

1. The second floor located in Gangdong-gu Seoul Metropolitan Government on January 29, 2012, upon a claim for exchange change by this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 31, 2010, the Plaintiff entered into a comprehensive insurance contract, including a special agreement on liability for compensation for family life, which provides that the insured under the terms and conditions shall be liable to compensate for damages incurred by the insured’s burden of statutory liability for the physical or property of others due to a sudden accident attributable to the ownership, use, management, and daily life of a house, within the limit of KRW 100 million.

(hereinafter “instant insurance contract.” According to the instant insurance contract’s special terms and conditions, the insured person (hereinafter “insured person”) as indicated in the insurance policy (insurance policy is referred to as “insured person.” The insured person of the instant insurance contract is referred to as “contractor”) is also the same as the insured person or his spouse, and the relatives living together (Article 777 of the Civil Act) who live together on the resident registration of a house as indicated in the insurance policy (insurance policy) are also included in the scope of the insured person.

B. F, the father of D, leased the instant house G heading in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant house”), and on January 29, 2012, the water pipes of the second floor of the instant house came to flow out with water, resulting in the inundation of household tools and clothing, etc. in the said G.

(hereinafter referred to as “instant accident”). C.

At the time of the instant accident, the Defendant had resided in the said G as well as H at the time of the instant accident. On January 6, 2014, the Defendant filed a lawsuit against F and the second floor lessee I seeking damages due to the instant accident.

(Seoul Eastern District Court 2014 Ghana937). D.

On September 2, 2014, the defendant prepared a letter of confirmation to F that "the defendant should not raise an objection to the same wave, and the compensation for damage caused by the same wave will be paid in the monthly length, but it will reduce the amount of interest, so that it will agree with each other, and is a condition to withdraw the same kind of damage compensation case." On the same day, the part of F among the above lawsuit was withdrawn.

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