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(영문) 대구지방법원 2017.04.21 2016가단115064

채무부존재확인

Text

1. As to the traffic accident stated in the attached Form, the Plaintiff’s attached list against the Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff, which is the insurer of the party’s status relationship, concluded a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with the Defendant, setting the Defendant as the named insured with respect to the B automobiles owned by the Defendant (hereinafter “instant vehicle”) from August 5, 2015 to August 5, 2016, as stated in the attached insurance contract terms.

B. Accident: A traffic accident occurred while C, who is the defendant's son, was driving the instant vehicle as shown in the attached Form of the traffic accident.

(hereinafter “instant traffic accident”). C.

In the special terms and conditions related to the special terms and conditions of the insurance contract in this case concerning limited driving at least 43 years of age as stipulated in this insurance contract and special terms and conditions related to the special terms and conditions on limited driving and the special terms and conditions on limited driving of married couple, the insured and any accident occurred while a person other than his/her spouse is driving an insured automobile. However, the insurance money is not paid for the insured automobile caused by the accident of the insured automobile which occurred between the time of the theft and the time of the theft and the time of the theft and the occurrence of the accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. The party's assertion and judgment

A. (1) The plaintiff and the defendant concluded a special agreement on limited driving and limited driving for at least 43 years of age in the insurance contract of this case. Since C, the driver of the vehicle of this case, is 18 years of age at the time of the accident with the children of the defendant, the registered insured, and it does not constitute an exceptional reason for compensation, the plaintiff was stolen.