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(영문) 인천지방법원 2015.02.10 2012가합32320
채무부존재확인
Text

1. Insurance contracts concluded between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) according to the attached list.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that runs an insurance business, etc. that can be run pursuant to the Insurance Business Act and the relevant Acts and subordinate statutes, and the Defendant is a person who operated an entertainment tavern under the trade name of “D” at the 7th floor (hereinafter “instant building”) of the 7th floor located in Nam-gu Incheon Metropolitan City.

B. On March 4, 2010, the Plaintiff concluded the instant insurance contract between the Defendant and the insured with the period of coverage from March 4, 2010 to March 4, 2015, wherein the subject matter of insurance was collectively defined as the instant building, fixtures, facilities, property, and any other entirety.

C. The insurance money limit of the instant insurance contract is as follows by item.

A building (integrated) - 200,000,00 won - 40,000 won - 160,000 won -60,000 won - 300,000 won - 300,000,000 ordinary terms and conditions (with no compensation)

1.The Company shall not compensate for any loss arising from the following causes:

① In the case of the insured’s intentional intent, as stipulated in Article 17 (Loss of Claim for Insurance Money) of the policyholder’s special terms and conditions, the insured loses its right to claim for the damages.

(1) Where a policyholder or the insured intentionally enters any document concerning the notice of damage or the claim for insurance proceeds into the false document, or forges or alters the document or evidence, the policyholder or the insured shall be liable to inform the fact after the contract).

1. Where any of the following events occurs after concluding a contract, the contractor or the insured shall promptly notify the company in writing and obtain confirmation on the insurance policy:

(5) Where a building, the subject matter of which is insurance, or a building containing the subject matter of insurance, is laid down for at least 30 consecutive days or is shut down temporarily, Article 19 (Effect of Violation against Obligation to Notify)

1. The Company may terminate this special contract, regardless of the occurrence of damages, in the following cases:

(2) A obvious danger.

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