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(영문) 광주지방법원 목포지원 2018.06.27 2017가단6526
채무부존재확인
Text

1. The plaintiff's insurance contract between the plaintiff and the defendant and the plaintiff's insurance accident specified in the attached Table 1.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of non-life insurance business, etc., and the Defendant is the owner of Jeonnam-do B apartment 2 Dong 1101 (hereinafter “instant apartment”).

B. From April 27, 2009 to April 27, 2080, the Plaintiff and the Defendant entered into an insurance contract with the Defendant and the insured as the instant apartment (hereinafter “instant insurance contract”) by setting the subscription amount of KRW 100,000,000 as the family living liability security (hereinafter “instant special agreement”).

Among the instant special agreement, the main contents relating to the instant case are as follows.

Article 4 (Compensation for Loss) The Company shall be bound to compensate for the loss sustained by the insured for any loss of physical disability or property of another person due to an accident listed below during the insurance period of this Special Terms and Conditions in accordance with this Special Terms and Conditions:

When an accident under Article 7 (Duty to Prevent Loss) occurs due to the ownership, use, and management of the house indicated in the insurance policy used by the insured for residence, the contractor or the insured shall:

1. If a single contractor or the insured fails to perform the obligations under paragraph (1) without any justifiable reason, taking all methods to prevent or mitigate damage, the amount of such damage shall be determined as follows:

1. 제1항의 제1호 및 제2호의 경우에는 손해를 방지 또는 경감할 수 있었다고 인정되는 부분을 뺍니다.

Article 8 (Insurance Money to be Paid) The scope of damages which a company compensates for per accident shall be as follows:

2. The limit of the company's compensation for the loss under paragraph (1) of the necessary or beneficial expenses paid by the insured to devise the method of preventing the loss, shall exceed twenty thousand won for each incident.

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