채무부존재확인
1. With respect to an accident described in the attached list No. 2, the plaintiff is the defendant based on the insurance contract stated in the attached list No. 1.
1. In relation to the fact that the Defendant, the insured in the attached list No. 1, who is the insured in the insurance contract, was involved in a collision with the E-vehicle driven by Nonparty D (hereinafter only referred to as the instant accident) on or around 22:50 on December 9, 2014, while driving the said vehicle, the Plaintiff asserted that the Plaintiff is not obligated to pay the insurance proceeds because the Defendant’s damage caused by the instant accident falls under “damage caused by an accident in the course of driving another vehicle by paying or receiving the fees or fees” under the insurance contract stated in the attached list No. 1, as the Defendant claimed for the payment of the insurance proceeds under the “Special Clause for other Motor Vehicle Driving Security” as stated in the attached list No. 1. 1.
However, in the case of personal automobile insurance, the term "other automobile driving security special agreement" is a kind of automatic unit special agreement that automatically applies without separate subscription to a person who has subscribed to a non-life insurance policy (in the case of personal automobile insurance, without additional insurance premium). The purpose of this special agreement is to protect the insured in case of temporary use of a motor vehicle owned by another person in relation to the use of a non-life essential motor vehicle, etc. is to facilitate the relief of the victim of the accident.
On the other hand, among the special terms and conditions of the "other automobile driving security agreement", the reason why the provision of damages not compensated is contrary to the purport of the "special terms and conditions of the automobile driving security agreement" that intent to benefit from the payment of non-life insurance in case of intentional driving of different automobiles for the purpose of compensation, etc. is stipulated as an exception clause.
The defendant shall return to the instant case and according to the health account statement of Gap evidence No. 3.