채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (1) On April 12, 2007, the Plaintiff entered into an insurance contract with the Defendant as indicated in attached Table 2 (hereinafter “instant insurance contract”) between April 12, 2007 and April 12, 202 from the same insurance period (hereinafter “instant insurance contract”). The said insurance contract includes a special agreement on liability for damages out of total daily life of KRW 100,000,000.
(2) Of the terms and conditions of the instant insurance contract, the main contents of the instant special terms and conditions secured for liability during the daily life (hereinafter “instant special terms and conditions”) are as follows.
Article 4 (Compensation for Damages) The Company shall compensate the insured or his spouse living together (hereinafter referred to as the “insured”) for any damages arising from the burden of statutory liability for damages to another person’s physical disability or property due to an accident listed below (hereinafter referred to as “liability for damages”) listed in the insurance policy (insurance Policy) in accordance with this special terms and conditions.
1. An accident which arises from the possession, use, and management of a house (including movable property and real estate in the site) recorded in the insurance policy used by the insured for residential purpose;
2.An accident resulting from the insured’s daily life (other than ownership, use, and management of real property than a house) (2) The company shall not compensate for the damages suffered by the insured, regardless of whether directly or indirectly the cause is attributable to it, as follows:
1. Liability for compensation due to a direct performance of the insured's duties;
B. The Defendant, when the instant accident occurred, was operating Cmate in the building located in Daegu-gu B (hereinafter “instant building”). However, around April 18, 2013, as indicated in attached Table No. 1, the Defendant, along with D, who was an employee of the said Marte, was a cargo elevator installed on the outer wall of the Cmate building (a 120cm, 80cm, hereinafter “instant elevator”).