채무부존재확인
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. The issue of this case and the citing the judgment of the court of first instance
A. The key issue of the instant case is whether the injury of B was caused by traffic accident and 30 million won paid by the Defendant to B constitutes the requirement for payment of the automobile accident treatment subsidy as stipulated in the special terms and conditions of the instant insurance contract.
B. On this ground, the first instance court found that the Defendant’s driving of the instant vehicle was caused by an accident where the front front part of the instant vehicle was shocked to the school angle, and that the Plaintiff, who was on the top part of the instant vehicle, suffered from the injury that B was on the left part and the front part of the left part of the instant vehicle, caused the injury that B was on November 9, 2016 and received an operation on the left part, and determined that B’s injury was caused by a traffic accident.
In addition, the first instance court determined that the Defendant’s payment of KRW 30 million to B constitutes the requirement for the payment of automobile accident handling subsidy as stipulated in the special terms and conditions of the instant insurance contract, on the ground that Article 3(1)2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act provides that “the insured shall be paid with the maximum of KRW 30 million in the event of the insured’s injury falling under class 1 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act.”
C. Meanwhile, according to the evidence No. 4, Article 1 of the Special Terms and Conditions for Guarantee of Automobile Accident Handling Subsidies of the instant insurance contract provides that "a company shall pay to the insured an amount paid by the insured as criminal agreement to each victim for each accident where the insured inflicts an injury on another person due to an accident during the course of driving a motor vehicle during the insurance period of the instant Special Terms and Conditions, to the extent that the following amount per victim is paid: