채무부존재확인
1. All appeals on the principal lawsuit and counterclaim by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff makes a supplementary decision concerning the part concerning which the plaintiff contests as the grounds for appeal as follows. Thus, it is acceptable in accordance with the main sentence of Article 420
2. Supplementary judgment
A. The summary of the grounds for appeal is that of the instant bicycle for display without delivery, and does not constitute “bicycles” as a means of transport.
In addition, the accident of this case is a "operation" premised on the use of equipment attached to bicycles, since the defendant spawns without the bicycle of this case and lost balance due to the lack of pedals.
Furthermore, the instant accident constitutes a case where it is used entirely regardless of the nature or risk of the bicycle transport means.
Therefore, the instant accident does not constitute an accident that occurred during operation, which is an insurance accident under the instant insurance contract, and therefore, the Plaintiff is not obligated to pay the Defendant an accident insurance money under the instant insurance contract.
B. Determination 1: (a) Article 2 Subparag. 1 of the Promotion of the Use of Bicycles Act provides that the “bicycles” under the instant insurance contract is “bicycles” and Article 2 Subparag. 1 of the same Act provides that a vehicle with the wheels with the steering device, steering device, and steering device and steering device are two or more wheelss, and has the size and structure prescribed by Ordinance of the Ministry of Public Administration and Security.
According to the purport of evidence Nos. 3-1 and 2 as a whole, the instant bicycle is not affixed a pedal as a bicycle displayed at a bicycle shop, but a device such as quiths, rests, presses, handbs, etc. is recognized.
In other words, the instant bicycle is temporarily used for the purpose of preventing theft in the state of being equipped with all elements as a bicycle.