logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.04.17 2014나2033527
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be acknowledged either as a dispute between the parties or as a whole by taking account of the following facts: Gap evidence 1-2, Gap evidence 2-4, Gap evidence 7, Gap evidence 8-1, 2, Eul evidence 9-1, 1-6, Eul evidence 9, Eul evidence 9-2, Eul evidence 9, Eul evidence 1 through 6, Eul witness J of the first instance court, H testimony of the first instance court, Eul evidence of the first instance court, the fact inquiry results against F corporation of the first instance court.

The Plaintiff is a company with the purpose of insurance business, such as fire insurance, etc., and the Defendant is a personal entrepreneur who manufactures general households, etc. and wholesale and retail business with the trade name, i.e., N (business registration certificate is indicated D, but actually engaged in business using the above trade name) in a building owned by the Defendant (hereinafter referred to as “instant building”) located on the ground of Namyang-si, Namyang-si.

On April 18, 2009, the Defendant concluded a fire insurance contract with E Co., Ltd. (hereinafter “E”) on April 18, 2009, setting the insurance period from April 18, 2009 to April 18, 2012 as total sales facilities of the instant building and movable property, small sales facilities of business type (smarkets, retail stores of daily necessities, etc.), building amount to KRW 200 million, and movable property amount to KRW 2,95,000,00.

After September 16, 2010, the Defendant concluded a fire insurance contract with F Co., Ltd. (hereinafter “F”) on the insurance period from September 16, 2010 to September 16, 2015, setting the total movable property in the instant building and building, the rate-based type of business as a wood household and wood product sales store, the total purchase price as KRW 440 million in the building, the total purchase price as KRW 30 million in movable property, and KRW 1.5 billion in the premium amount as KRW 2 billion in the month, but the said contract was invalidated due to arrears after paying the premium three times.

After the termination of the insurance contract with E, the Defendant is the Plaintiff from G Insurance Co., Ltd. (hereinafter “G”) and H, an insurance solicitor of F on May 21, 2012.

arrow