채무부존재확인
1. The plaintiff is against the defendant based on the insurance contract of the re-insurance in the attached Table 1 in relation to the re-insurance accident in the attached Table 2.
1. Basic facts
A. The Plaintiff is an insurer who entered into an injury insurance contract with the Defendant for a second driver’s injury (hereinafter “instant insurance contract”) in attached Table 1 stating that the insured shall be paid in the event of injury or death due to a traffic accident by designating the beneficiary of the insurance money C and death insurance money as the Defendant.
B. C, on September 22, 2019. 08:00 during the insurance period of the instant insurance contract, while driving a D vehicle at a point 139.2 km in the direction of the expressway (hereinafter “victim”) and driving on three-lanes at a point 139.2km in the direction of the expressway, C, while driving the same point in the same manner as the vehicle under the speed of the E-driving vehicle (hereinafter “flying vehicle”), died with multiple long-term damage on the job site (hereinafter “the instant accident”). C.
Items related to this case among the security matters under the insurance contract of this case shall be as follows:
Security 30,000,000 Alternative Transport Accidents (Drivers) security 100,000,000 selective Transport Accidents (Drivers) security 20,000,000 selective Motor Vehicle Accidents (Drivers), security 5,000,000 of selective Motor Vehicle Accidents (Drivers, 1-11) security
D. In relation to the instant accident, the Plaintiff paid KRW 100 million to the Defendant as insurance money for the death of a traffic injury (driver).
Then, according to the insurance contract of this case, the Defendant claimed to the Plaintiff KRW 30,000,000 insurance premium of KRW 30,000,000, insurance premium of KRW 20,000,000, and insurance premium of KRW 5,000,00,000, in total, insurance premium of automobile accident (driver, driver, and class 1-1).
[Ground of recognition] Unsatisfy, Gap evidence No. 1-1, 2, 3, Gap evidence No. 5, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The summary of the Defendant’s assertion (hereinafter “the Deceased”) was inflicted upon the Deceased at the time of the instant accident.