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(영문) 서울중앙지방법원 2015.11.25 2015가단5277015

채무부존재확인

Text

1. There is no obligation of the Plaintiff to pay insurance money to the Defendant with respect to each accident listed in the attached list.

Reasons

1. (1) Around May 6, 2015, the Plaintiff entered into a multilateral automobile insurance contract with the Defendant for BM5 vehicles owned by the Plaintiff with the insurance period from May 6, 2015 to July 6, 2015, and the special contract for injury security for an unregistered motor vehicle incorporated into the said insurance contract provides that the insured shall automatically join the said special contract (hereinafter “other automobile driving security special contract”). The main contents of the instant special contract are as follows. < Amended by Act No. 11788, May 6, 2015; Act No. 13196, May 2, 2015; Act No. 13084, May 6, 2015; Act No. 13088, Feb. 2, 2015; Act No. 13088, Feb. 2, 2015; Act No. 13088, Feb. 2, 2015>

Article 22(1) of the Civil Procedure Act provides that “A person who has been driving a motor vehicle owned by Nonparty C” on June 5, 2015 (hereinafter referred to as “accidented motor vehicle”) and Article 2(1) of the Civil Procedure Act provides that “A person who has been driving a motor vehicle for an accident on June 12, 2015” and “A person who has been driving a motor vehicle for an accident on June 12, 2015.”

2. The parties' assertion

A. If the plaintiff's assertion intends to claim insurance money to the plaintiff in accordance with the special terms and conditions of this case, the accident vehicle driven by the defendant shall constitute "other vehicles" as stipulated in the special 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, and the defendant shall lend the accident vehicle from her friendship for four months.