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(영문) 인천지방법원 2014.08.19 2014나51923

채무부존재확인

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1. Revocation of a judgment of the first instance;

2. B. On July 27, 2013, 18:30 on the front road located in Ansan-si Member C.

Reasons

1. Basic facts

A. The Defendant’s spouse: F and the Plaintiff: (i) the Defendant; (ii) the insured; (iii) the insurance period: from May 31, 2013 to May 31, 2014; and (iv) the Plaintiff entered into an automobile insurance contract with the Defendant’s spouse as the Defendant’s spouse (hereinafter “instant vehicle”); and (v) the “Special Terms and Conditions for Limited Driving Limited to the Age of 48 years,” and the “Special Terms and Conditions for Limited Driving Limited to the Side Drivers” were also incorporated into the said insurance contract.

(hereinafter referred to as “the above insurance contract” is the instant insurance contract. (b)

F around 11:05 on July 27, 2013, by accessing the Plaintiff’s website, the F subscribed to the “short-term driver extension special agreement” (hereinafter “instant special agreement”) with the content that expands the age or scope of the driver as stipulated in the said special agreement among the terms of the instant insurance contract.

C. As above, around 18:30 on July 27, 2013, the day after the pertinent insurance premium was paid with respect to the subscription to the instant special agreement, the accident described in Paragraph (2) of the Disposition (hereinafter “instant accident”) occurred in the course of driving the instant vehicle by the Defendant’s ASEAN.

Article 47 of the General Terms and Conditions of the instant insurance contract provides that the insurance period shall be from 24th day to 24th day of the first day of the insurance period indicated in the insurance policy.

(hereinafter referred to as the “instant provision”). [Grounds for recognition] The instant provision is without dispute, Gap’s 1 to 3 evidence, Eul’s 1 to 7 evidence, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The plaintiff alleged that the contract of this case was explained to F or the defendant, the contractor of the contract of this case, and accordingly, the plaintiff's liability arising from the subscription to the contract of this case was commenced from July 27, 2013, and therefore, the plaintiff did not have a duty to pay insurance money to the defendant with respect to the accident of this case that occurred prior to the above time.

As to this, the defendant has an obligation to explain the terms of the contract of this case.