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(영문) 부산고등법원(창원) 2015.01.15 2014나21567

채무부존재확인

Text

1. Revocation of a judgment of the first instance;

2. As to the accidents described in paragraph 1 of the attached list, it is listed in paragraph 2 of the attached list.

Reasons

1. Facts of recognition;

A. (1) On May 19, 2008, the Defendant’s wife B concluded the instant insurance contract with the Plaintiff, the insured, and the Defendant, the contract period from May 19, 2008 to May 19, 2056. At the time, the Defendant stated “whether or not the Plaintiff owns the Plaintiff: whether the Plaintiff was on board: Non-owned; 2) the main contents of the instant general terms and conditions of the instant insurance contract (hereinafter “instant terms and conditions”) are as follows.

Article 13 (Compensation for Damages) (1) If the insured sustains any injury to his/her body (excluding physical assistance equipment, such as trees, artificial arms, bills, clothing, etc.) due to an accident which has occurred rapidly and well-known during the insurance period, the company shall compensate for the damage resulting from such injury in accordance with Chapter 1 and this Agreement.

Article 24 (Duty to Notify After Contract) (1) Where an insured person after concluding a contract has changed his/her occupation or duty (including where a self-employed driver changes his/her occupation or duty to a driver for business), or has directly used a two-wheeled automobile or motor device bicycle, he/she shall promptly notify the company in writing and obtain confirmation from the insurance policy (insurance Policy).

(2) If the risk has decreased pursuant to paragraph (1), the company shall return the difference insurance premium, and if the risk has increased, it may request or terminate the contract within one month from the date of receipt of notice.

3. If the contractor neglects to pay the premium upon the request of the company in accordance with the notice under paragraph (1), the company shall reduce the insurance money according to the ratio of the premium rate to be applied after the change of occupation or duty of the premium rate applied before the change of occupation or duty (hereinafter referred to as “the rate after change”).