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(영문) 대구지방법원 2017.02.09 2016가합203685

채무부존재확인

Text

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

2. The plaintiff (Counterclaim defendant) is entitled to the defendant (Counterclaim plaintiff) on 197.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On April 3, 2015, D entered into an agreement between the Plaintiff and the Plaintiff on the following terms and conditions (hereinafter “instant insurance”).

Insurance period: From April 3, 2015 to April 3, 2025: Insured: D details of security < Amended by Presidential Decree No. 17558, Apr. 3, 2015; Presidential Decree No. 17558, Apr. 3, 2015; Presidential Decree No. 17588, Apr. 3, 2015; Presidential Decree No. 17568, Feb. 1, 201; Presidential Decree No. 1750, Feb. 3, 2000>

B. According to the insurance clause to be incorporated into the insurance contract of this case (hereinafter “the insurance clause of this case”), the Plaintiff shall pay to the beneficiary of the death insurance (the amount of insurance coverage for the traffic injury, death, and disability security) in the event that the insured dies as a direct result of the traffic injury during the insurance period (Article 3 of the General Terms and Conditions); ② in the event that the insured dies as a direct result of the traffic injury as above, additionally, the transport injury death insurance amount (the amount of insurance coverage for the additional security for the traffic injury, death, and disability after death) shall be paid (Article 1 of the Special Terms and Conditions for the Additional Clauses to the Traffic Injury Death, Death, and Death), ③ in the event that the insured dies as a direct result of the traffic injury during the insurance period, as a result of the direct result of the traffic accident of this case (the amount of insurance coverage increased by 3.25% per annum per year from the date of the accident), or in the amount discounted at the request of the beneficiary, lump sum payment shall be made.

[Article 1 of the Special Terms and Conditions of Motor Vehicle Injury Death Pension for Motor Vehicle Driving.]

C. Meanwhile, the instant insurance terms and conditions stipulate the duty to inform after the conclusion of the insurance contract, and “the instant special terms and conditions for driving and injuring a two-wheeled automobile (hereinafter “the instant special terms and conditions”)”.