채무부존재확인
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Around April 18, 2015, Defendant A entered into an insurance contract with the Plaintiff, an insurance company, with respect to C excavation search machines owned by itself (hereinafter “instant excavation search machines”), the insurance period from April 18, 2015 to April 24:00, and from April 18, 2016 to April 24:00, the insured Defendant B, and the insurance premium of KRW 502,190 (hereinafter “instant insurance contract”).
B. Article 6 (Compensation II and Substitute Damages) Section 2 of the General Terms and Conditions as to the instant insurance contract provides for the indemnification in Part II Automobile Insurance (Compensation in Kind) (2) of the General Terms and Conditions as to the instant insurance contract. The insurance company shall compensate for damages caused by the insured’s removal of or damage to another’s property due to an insured motor vehicle accident that occurred while the insured owns, uses, or manages an insured motor vehicle.
Article 8 (Non-Compensation; hereinafter referred to as “instant exemption clause”) (3) Any of the following damages shall not be compensated for property damage:
14. Where an insured motor vehicle has been used or managed by the insured for performing construction works and has damaged underground cables, ductss or other underground facilities, or has caused the subsidence of the ground and the collapse or collapse of the building structures;
C. On November 30, 2015, Defendant B caused the instant accident to damage a tent and parked vehicle (hereinafter “instant accident”) at the adjacent parking lot where part of the wall was cut away while driving the instant digging pool at the site of D redevelopment in Busan Dong-gu, Busan, and performing the removal work of the building.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the accident of this case occurred.