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(영문) 서울중앙지방법원 2017.04.27 2016가단90241

채무부존재확인

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 33,543,600, to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On February 19, 2015, the Plaintiff was negligent in neglecting the duty of Jeonju in the front of a two-lane road in front of a two-lane public interest playground located in Leecheon-si, Leecheon-si, by driving a vehicle with B (hereinafter “Plaintiff”) around 15:10 on February 19, 2015, and driving ahead of the Plaintiff’s vehicle.

The C Driving D (hereinafter referred to as “victim 1”) which was under the influence of stopping in the signal atmosphere led to the occurrence of the instant accident (hereinafter referred to as “instant accident”) involving: (a) the 1 damaged vehicle was pushed in the future; and (b) the 1 damaged vehicle, which was under the influence of stopping, led to the occurrence of an accident involving FHD vehicle for E Driving (hereinafter referred to as “the 2 damaged vehicle”) which was under the influence of stopping.

(2) Each damaged vehicle was destroyed due to the instant accident, and the driver of the 1st damaged vehicle and the driver of the 1st damaged vehicle G, H, and the driver of the 2nd damaged vehicle and the driver E of the 1st damaged vehicle and the I, J, K, and L were injured.

B. Violation of the duty of advance notice of maturity (1) The Plaintiff entered into a comprehensive automobile insurance contract with the Defendant, and with respect to the Plaintiff’s vehicle, with the insurance period from February 6, 2014 to February 6, 2015 (hereinafter “instant insurance contract”). The Defendant shall notify the Plaintiff that the said contract is terminated for the period from 75 days to 30 days before the expiration date of the said contract to 30 days before the automobile owner entered into an insurance or mutual aid contract under Article 5(1) through (3) of the Guarantee of Automobile Accident Compensation Act.

Provided, That notification may be omitted where an insurance company, etc. has entered into a contract with its insurance company and a motor vehicle owner becomes aware of the fact that a new contract has been entered into with another insurance company, etc.

notice of the maturity of the insurance period set forth in the section.