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(영문) 대구지방법원김천지원 2015.06.25 2014가단15015

채무부존재확인

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1. Insurance money for the defendant based on the insurance contract as stated in the attached Form in relation to the accident.

Reasons

1. Basic facts

A. On May 8, 2014, the Plaintiff concluded a comprehensive automobile insurance contract with the Defendant with respect to the instant excavation search season (hereinafter “instant excavation search season”) as indicated in the attached Form.

(hereinafter “instant insurance contract”). (b)

At around 14:00 on December 9, 2014, the Defendant performed excavation works to lay underground water pipes in Gyeongbuk-gun C using the instant excavation search devices.

At the time, the back part of the refratter of the instant refratter was shocked by shocking down 11glux of fratium located immediately next to the working place, and damaged the refratus 11glus.

(hereinafter referred to as “instant accident”). C.

The terms and conditions of the instant insurance contract relating to the instant case are as follows.

Article 8 (Non-Compensation Damages) ① Any of the following damages shall not be compensated in respect of the Personal Compensation II and the Personal Compensation:

1. A loss caused by the intention of the policyholder or the named insured (3) shall not be compensated for any of the following:

6. Where an insured motor vehicle has been used or managed by the insured for performing construction works, and underground cables, ductss, or other underground facilities are damaged, or where the ground subsidence has been caused by the subsidence of the ground, the collapse of the building structure, or the collapse of the building structure [based on recognition] has no dispute, the evidence set forth in subparagraphs A and B, and the purport of the whole pleadings and arguments set forth in the evidence set forth in subparagraph 1 through 8;

2. The parties' assertion

A. The plaintiff's assertion that the defendant had caused the accident of this case intentionally while using the digging ground of this case laid underground. Thus, it constitutes exemption items under Article 8 (3) 6 or 8 (1) 1 of the terms and conditions of the insurance contract of this case.

Therefore, in relation to the accident of this case, there is no obligation of the plaintiff to pay insurance money to the defendant.

B. The Defendant’s assertion was unaware of the damage of native trees at the time of the instant accident, and became aware of the damage after completion of the work.