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(영문) 대구지방법원서부지원 2015.04.23 2014가합3727
채무부존재확인
Text

1. As to the accidents listed in the attached Form 1, the plaintiff against the defendant based on the insurance contract listed in the attached Form 2.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company running the insurance business, etc., and B is a building of 390 square meters for Class 1 neighborhood living facilities (retail stores) on the first floor of the Gandong-gun C, Gandong-gun, Gandong-gu, Gyeongdong-gu, Gandong-gu, and Gandong-gu.

(2) On May 14, 2013, the Plaintiff entered into an insurance contract as shown in attached Table 2 (hereinafter “instant insurance contract”) with B.

The insurance contract of this case includes terms and conditions relating to the liability for fire (including explosion) damages (hereinafter “instant terms and conditions”), and the main contents are as follows:

Article 1 (Types and Grounds for Payment of Insurance Money) The plaintiff is entitled to compensate for damages sustained by the insured (person insured) due to a fire or explosion in the objects listed in the insurance policy (insurance policy), which occurred during the insurance period, due to a physical disability in another person's body (excluding bodily assistance equipment such as trees, artificial organs or parts, etc., but including cases where the body is transplanted and the function of which is replaced by that person's body, such as artificial organs or parts, etc.) or by bearing legal liability due to a loss of another person's property.

Article 3 (Reasons for Not Payment of Insurance Money) The Plaintiff shall not compensate for any loss caused by the following reasons:

(4) Where the goods owned, used, or managed by an insured worker have suffered any loss, liability to compensate for the loss incurred by the person who has a legitimate right to the goods.

B. The current status of the instant building and the occurrence of the instant fire, etc. 1) B and D, a lessee, operated a furniture sales company with the trade name “E” from the instant building around May 2013, and the Defendant operated a furniture sales company with the trade name “F” on or around September 2013, 2013. However, around April 23, 2014, the instant building constituted “the instant fire” and “the instant fire” as the cause-free fire in the instant building.

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