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(영문) 대전지방법원 2017.04.05 2016가단220614

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 10,00,000,000, with the interest of KRW 10,000 from December 1, 2016.

Reasons

(1) On May 27, 2015, the Defendant concluded a driver insurance contract (hereinafter “instant insurance contract”) between the Plaintiff and the Plaintiff with respect to the occurrence of disability, etc. caused by traffic injury, insurance amount of KRW 100 million, and the beneficiary of each Defendant and the insurance period from July 8, 2015 to July 8, 2018.

Of the general terms and conditions of the instant insurance contract, the parts relating to this case are as follows.

Article 3 (Grounds for Payment of Insurance Money) (1) The Company shall pay the insured insurance money agreed upon to the beneficiary in any of the following cases:

2. If the rate of disability payment specified in the disability classification table (see attached Table 1) as a direct result of the traffic injury during the insurance period period: Insurance money for the aftermath of the traffic injury (the amount calculated by multiplying the payment rate prescribed in the disability classification table by the amount obtained by multiplying the insurance amount of the traffic injury, death, and aftermath disability security). (2) The traffic injury referred to in paragraph (1) shall not mean the following injury:

(3) The means of transport referred to in paragraph (2) shall mean any of the following:

2. Guidelines for determining disability classification marks for bicycles with automobiles, scooterss, bicycles, and motors (attached Table 1) / [2] disability classification marks;

9. Obstruction of legs;

A. When a bicycle displayed at a bicycle shop in Mapo-gu Seoul Metropolitan Government Home Stackers on July 16, 2015 (hereinafter “instant bicycle”), among the three sections of a bridge, for which the classification rate of disability (%) 5 of the classification and payment rate of disability was 10%, the Defendant shall be a bicycle displayed at a bicycle shop in Mapo-gu Seoul Metropolitan Government Home Stackers (hereinafter “instant bicycle”).

(ii)the Defendant’s right-hand knives (hereinafter referred to as the “instant accident”) was cut back while going up to a pedal, and the bicycle was left up to a pedal.

(ii)(based on recognition.).