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(영문) 대전지방법원 2016.11.08 2016가단206809

비면책채권 확인

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1. The Daejeon District Court Decision 2002Da33837, which the Plaintiff had against the Defendant, and the same court.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to C motor vehicles with no insurance coverage.

B. On August 10, 199, at around 06:10 on August 10, 199, the Defendant driven a D car, one-lane, among four-lanes in the fixed speed of the agricultural and fishery products market in Daejeon, and continued in violation of the signal at the crosswalk, and caused an injury to the Defendant, as a result of the Defendant’s negligence, which caused about 12 weeks to the right side from the direction of the running of the Defendant’s vehicle, by shocking the E, which opened the crosswalk to the right side,

(hereinafter “instant accident”). C.

The Plaintiff paid KRW 31,116,530 in total to E with the medical expenses incurred from the instant accident and the amount agreed upon, and then received the judgment in favor of the Defendant by filing a lawsuit for reimbursement amounting to the Daejeon District Court 2002Kadan33837. The Plaintiff filed a lawsuit for reimbursement amounting to KRW 2014Ga4706 in the same court.

(hereinafter “instant claim”) D.

The defendant was declared bankrupt by the Daejeon District Court 2015Hadan399, and the same court was granted immunity for 397.

[Reasons for Recognition] Each entry (including paper numbers) in Gap evidence 1 to 5, the purport of the whole pleadings

2. Assertion and determination

A. The parties’ assertion asserts that the claim for reimbursement of this case constitutes non-exempt claims under the proviso of Article 566 (4) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

In this regard, the Defendant asserted that the Plaintiff’s claim for indemnity of this case does not constitute a non-exempt claim.

B. The phrase “serious negligence” under Article 566 Subparag. 4 of the Debtor Rehabilitation Act, which provides for “compensation for damages caused by a tort that causes damage to another person’s life or body by gross negligence, as one of non-exempt claims, refers to the occurrence of the consequence of the infringement on life or body if the debtor paid little attention to any act.