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(영문) 수원지방법원 2016.09.01 2016가단504335

채무부존재확인

Text

1. With respect to the accident described in paragraph 1 of the attached list, the Plaintiff (Counterclaim Defendant) based on the insurance specified in paragraph 2 of the attached list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The Plaintiff is an insurance company that entered into an insurance contract described in attached Table 2 (hereinafter “instant insurance contract”) with the deceased C (hereinafter “the deceased”) around September 30, 2010.

The Defendants are parents of the Deceased.

The Deceased purchased and used Daoba in around 2013 for delivery of tools while operating tools and commercial buildings.

On July 29, 2014, E Bus 02:08, on 29 July 2014, 2014, the national highways No. 39 of Madra-si (Tdo Do 2 lanes) were two-lanes.

At the same time, the deceased (the members of the Edridton Association before the accident) was in excess of the ozone part of the deceased on the two-lanes in the front direction of the proceeding, and the deceased was used on the first lane.

(2) In order to avoid diversa, the bus used on the road by the deceased while driving the diversab (hereinafter “the first accident”). The bus was changed to one-lane to avoid diversa, but was in excess of the deceased and caused the deceased’s death (hereinafter “the second accident”). Under the instant insurance contract, the amount of insurance coverage for the traffic injury, death, and injury caused by death is KRW 50 million.

15. (Types and Grounds for Payment of Insurance Money) (1) The company shall pay the insurance money agreed upon to the beneficiary (beneficiary) when any of the following events occurs to the insured (beneficiary):

1. Where the person dies as a direct result of the transport injury during the insurance period: The insurance money for the transport injury, death (amount of insurance coverage for the security of disability after death) shall be as follows in the ordinary terms and conditions of the insurance contract of this case:

1. (Conclusion and Validity of Contracts) (3) This special agreement shall be made in addition to the cases where the insured (person insured) own, uses (limited to the case of periodically driving a two-wheeled automobile due to occupation, duties or activities of club, etc., but excluding the one-time use) and manages two-wheeled automobile;

2. (Compensation for Loss not Paid) (1) The Company shall conclude an insurance contract.