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(영문) 대전지방법원 2018.12.12 2016가단201170
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant) based on the insurance contract indicated in the attached Form regarding the insurance accident stated in the attached Form.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The Defendant, as the owner of the building C located in Seosan City (hereinafter referred to as the “instant building”), has operated D in the instant building.

On August 25, 2014, the Plaintiff and the Defendant concluded an insurance contract (attached Form No. 1) including the content that compensates fire damage with the building and facilities of this case, the house fixtures, and movable property as the subject matter of insurance.

Attached Form

The amount of insurance coverage for each subject matter of the indicated insurance contract shall be as follows:

On June 3, 2015, the insurance coverage period period of the insurance contract indicated in the separate sheet No. 100,000,000 KRW 20,000,000 for 3 aggregate fixtures 20,000 for 3 aggregate fixtures 4 movables 10,000,000 for the instant building, which occurred on June 3, 2015.

On July 6, 2015, the Defendant claimed that the Plaintiff pay the total insurance amount of KRW 150,000,000 to the Plaintiff.

Attached Form

The main contents of the terms and conditions of the indicated insurance contract shall be as shown in the attached Form.

[Ground of Recognition] A. 1 or 7 is without dispute, and an insurance contract indicated in the attached Form to the plaintiff's assertion shall be assessed on the basis of the date of occurrence of the insured event indicated in the attached Form as an unregistered insurance contract.

The building of this case was newly constructed on or around December 1969 and expanded on or around January 1, 1976. As a whole, 17,452,067 won when calculating the amount of damages to be entered in the repair cost within the insurable value applied with the lapse of the year from the repurchasing price, and the total amount of damages would be 19,197,273 won when combined with the remainder removal cost.

On the other hand, the defendant could not prove the actual amount of damage in respect of facilities, equipment, and movables for insurance purposes.

Therefore, the plaintiff's obligation to pay insurance money to the defendant does not exceed KRW 19,197,273.

The defendant's assertion is annexed to the defendant.

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