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(영문) 대전지방법원 2015.08.20 2014가단225745
채무부존재확인
Text

1. With respect to the accidents described in paragraph 2 of the Schedule, time-limit for the insurance contract described in paragraph 1 of the Schedule.

Reasons

1. Basic facts

A. The plaintiff is a company with the purpose of non-life insurance business, and the defendant is a company with the purpose of security business.

B. The Plaintiff entered into an insurance contract with the Korea Security Association, an incorporated association, with the Defendant, the insurance period from June 30, 2012 to June 30, 2014, and with the maximum amount of 200 million won.

The main contents of the insurance terms and conditions applicable to the above insurance contract (the "company" refers to the plaintiff and the "insured" refers to the defendant, respectively) are as follows. The self-charges under Article 13 (1) 1 of the General Terms and Conditions are KRW 1,000,000.

Article 10 (Compensation for Loss) of the General Liability Insurance Terms and Conditions for Business, a company shall compensate for the following damages sustained by the insured to the victim due to an insured event described in the Special Terms and Conditions which occurred during the insurance period within the coverage area under the Insurance Policy:

1. Article 13 (Limits to Payment of Insurance Money, etc.) (1) of the Act which provides for the insured's liability to pay to the victim.

In such cases, the amount of insurance coverage and the amount of self-payment shall be as stated in the insurance policy, respectively.

1. Compensation under subparagraph 1 of Article 10: Compensation shall be limited to the amount of insurance coverage (limited to the maximum amount of compensation), but if otherwise agreed, compensation shall be limited to the portion exceeding his/her own contributions;

Article 1 (accident) of the General Terms and Conditions for Security Business Entities (Liability) "An accident under Article 10 (Compensation for Loss) of the General Terms and Conditions for the Company's Compensation" refers to an accident resulting from the provision of security services listed below.

Article 2 (Compensation for Non-Compensation) The Company shall not pay for the damages sustained by the insured who shall be liable for the following damages:

(5) Compensation for damages between the insured and others.

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