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(영문) 서울중앙지방법원 2015.06.16 2014나61004
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

Paragraph 1 shall be set out under the insurance contract mentioned in the list 2.

Reasons

1. Facts of recognition;

A. On January 11, 2013, the Plaintiff entered into a contract for product liability insurance (the instant insurance contract) with D (hereinafter referred to as “the instant restaurant”) that operates a “C” restaurant (hereinafter referred to as the “instant restaurant”) in Jongno-gu Seoul, Jongno-gu (hereinafter referred to as “D and the employees of the instant restaurant”).

B. According to the terms and conditions of the instant insurance contract, the Plaintiff shall pay insurance proceeds in the event any of the following losses occurs:

Article 9 (Compensation for Loss) The Company shall, after being transferred to another person by the insured (person insured) within the coverage area stated in the insurance policy (certificate of insurance), bear legal liability for physical disability and property damage caused by an insured event that occurs during the insurance period from the product to the victim as a result of the occurrence of an insured event that occurs during the insurance period, set aside the following damages as compensation in accordance with this Clause and the provisions of the special terms attached thereto:

1. Legal damages that are liable for the insured to pay to the victim;

C. At around 13:00 on February 18, 2013, the Defendant, at the instant restaurant, caused the instant accident involving the injury of the captain, etc., by putting in place a brush (one brush) and eating the flusium, and by misunderstanding the bones of the brus body (2.5 cm in length) of the flusium.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 8-2, Eul evidence 8-3, video, the purport of the whole pleadings

2. A main lawsuit and a counterclaim shall be deemed to be filed together; and

A. (1) The Plaintiff’s assertion is due to the Defendant’s negligence, instead of properly laying down the time spent on the ground that the instant accident was attributable to the Defendant’s negligence.

Since the restaurant side of this case did not bear liability for damages because it did not make any error until cooking the ticket, the occurrence of an insurance accident stipulated in the insurance contract of this case did not occur.

The plaintiff is the defendant.

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