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(영문) 청주지방법원충주지원 2017.12.07 2017가합5167
채무부존재확인
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

A. Defendant Cooperative Industry Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that establishes and dismantles other workshops, etc.

B. On December 31, 2016, the Plaintiff and the Korea Federation of Small and Medium Business entered into a business agreement with the following terms:

In other words, after the Korea Federation of Small and Medium Business entered into a "Small and Medium Enterprise PL mutual aid agreement" with each member company, it has concluded an organization PL insurance contract between the Plaintiff and the Plaintiff pursuant to Article 639 (Insurance for Third Parties) of the Commercial Act, with its member companies as insured and the insurance period from January 1, 2017 to December 31, 2018 (Provided, That the mutual aid agreement acquired in the middle of the period shall be governed by the guarantee period of the PL mutual aid securities issued by the Korea Federation of Small and Medium Business).

C. The Plaintiff and the Korea Federation of Small and Medium Business entered into a product liability insurance contract (hereinafter “instant insurance contract”) with the same content as attached Form 2 in accordance with the said business agreement.

The Korea Federation of Small and Medium Business issued product liability insurance bonds to Defendant Company with the content in attached Form 1, and among the “general contractual matters” stated in the insurance policy, the term “product type” includes “the production, installation, dissolution, repair, lease, and contract of construction”.

Article 10 (Compensation Standard) of the General Terms and Conditions of Product Liability Insurance (Liability Insurance) A company shall compensate for the following losses (hereinafter referred to as "damage") suffered by the loss of legal liability for physical disability or property of a third party due to a sudden accident occurred during the insurance period after the insured transferred to another person the "production" as stated in the insurance policy (insurance Policy) manufactured, sold, supplied or constructed by the insured pursuant to the provisions of this Terms and Conditions and the provisions of the Special Terms and Conditions attached thereto.

Article 12 (Damage Not Paid)

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