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(영문) 수원지방법원 2013.12.10 2012가합24777

채무부존재확인

Text

1. As to the accident described in the attached Form 2, the plaintiff against the defendant based on the insurance contract mentioned in the attached Form 1.

Reasons

1. Basic facts

A. On April 23, 2011, the Plaintiff entered into an automobile insurance contract (hereinafter “instant insurance contract”) as shown in attached Table 1 with the Defendant using Bunst vehicle as an insurable vehicle.

B. Under the general terms and conditions of the instant insurance contract (hereinafter “instant terms and conditions”), with respect to self-physical accidents, “the insured shall compensate for any loss incurred when he/she dies or dies of an insured motor vehicle due to an insured motor vehicle accident which occurred during the possession, use, and management of the insured motor vehicle.” Insurance money for an insured motor vehicle among his/her physical accidents is KRW 30 million, and the beneficiary of the insurance money is the legal successor of the deceased insured.

C. On February 7, 2012, the Defendant’s spouse: (a) around 20:50 on February 7, 2012, C, as indicated in attached Form 2, was killed, setting up the above insured vehicle on the side on the side of the 619 water-based industrial road located in Ansan-si, Ansan-si, Seoul-si, and died.

(hereinafter “instant accident”). D.

The net C is a driver of the insurance contract of this case, and as the heir of the network C, the defendant and his/her children are D and E.

[Ground] Facts without dispute, Gap evidence 1, 2, 6, Gap evidence 8-1, 2, Eul evidence 2-4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred when the net C used the insured vehicle as a space for himself/herself, and thus, is not an insured person’s death (hereinafter “accident due to an insured vehicle occurred during operation”) and thus, the Plaintiff is not obligated to pay insurance money to the Defendant. Even if the instant accident falls under an accident during operation, the Defendant renounced its right to claim insurance money due to the instant accident on February 16, 2012.