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(영문) 청주지방법원 2015.10.15 2014가단160575

채무부존재확인

Text

1. As to the accident described in the separate sheet (2) the insurance contract in the annexed list (1).

Reasons

1. Basic facts

A. A. On November 2013, the Plaintiff entered into an automobile insurance contract with the Defendant’s spouse B as indicated in the attached Table (1) with the Defendant’s insurance contract, and the special clause on accident security by an uninsurance motor vehicle included in the said insurance contract provides that the insured shall automatically enter into the other automobile driving security special clause (hereinafter “the instant special clause”).

B. The main contents of the instant terms and conditions are as follows.

(1) The Plaintiff shall, when the insured (the named insured and his/her spouse) suffered losses by legal liability for damages due to a substitute accident or a substitute accident that occurred while driving another motor vehicle, or when the insured suffered losses, regard the "other motor vehicle" driven by the insured as an insured motor vehicle under the ordinary terms and conditions, and compensate him/her as stipulated in the ordinary terms and conditions.

(2) The term "other automobiles" under the terms of this case refers to automobiles for private use, other than automobiles owned or used normally by a registered insured and his parents, spouse or children.

C. On August 26, 2014, around 06:30 on August 26, 2014, the Defendant: (a) caused an accident by collision with Cpoter vehicles driven in the front line while driving a Cststren vehicle (hereinafter “accidented vehicle”) within the C/L distance from the C/L on the front line.

(hereinafter referred to as “instant accident”). [The grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, and the purport of the whole pleadings.

2. The parties' assertion

A. If the plaintiff's assertion intends to claim insurance money to the plaintiff in accordance with the terms and conditions of this case, the accident vehicle driven by the defendant shall constitute "other vehicles" as stipulated in the terms and conditions of this case, and the vehicle shall not constitute "motor vehicles normally used by the defendant" in order to constitute another motor vehicle.

However, the vehicle involved in the accident is in the name of the defendant.