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(영문) 창원지방법원마산지원 2017.10.25 2016가단106233

채무부존재확인

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1. With respect to an accident described in attached Form 1, the Plaintiff (Counterclaim Defendant) based on the insurance contract listed in attached Form 2.

Reasons

. The defendant asserts that it does not constitute an insurance accident because it is an accident caused intentionally by the policyholder.

However, it is not sufficient to recognize that the instant accident was “accident caused by Defendant’s intentional act” only with the descriptions and images of evidence Nos. 2 through 6, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s above assertion is without merit.

3. Scope of the insured amount;

A. (i) The main content of the instant insurance contract concerning “self-motor vehicle damage” is as follows.

Article 21 (Compensation for Loss) (1) An insurance company shall compensate for any loss directly incurred by an insured automobile due to an accident that occurred while the insured owns, uses, or manages the insured automobile within the limit of the amount of insurance coverage stated in the insurance policy, and shall meet the following criteria:

1. If the insured amount exceeds the insurable value, you shall be compensated within the insurable value (*1);

(*1) The term "Insurable value" means the recent automobile standard value determined by the Insurance Development Institute at the time of the occurrence of an accident, when the Insurance Development Institute has entered into an insurance contract in accordance with the vehicle standard value table set by the

However, if the above vehicle standard value does not exist or if the value entered in the insurance policy has considerably exceeded the value as at the time of the occurrence of the damage, the value at the time of the occurrence of the damage shall be the insurable value.

Article 24 (Calculation of Insurance Money to be Paid) The Insurance Money to be Paid for Self-Motor Vehicle Loss shall be calculated as follows:

1. If the insured amount exceeds the insurable value, you shall be compensated within the insurable value (*1);

1. An insurance company shall pay the insurance money after deducting the “self-charges” stated in the insurance policy from the aggregate amount of the amount of damage incurred by the insured vehicle and the “expenses” as follows:

The "amount of damage caused by the insured worker" shall be the insurable value.