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(영문) 대전지방법원 2015.09.04 2014나108643

채무부존재확인

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The scope of the judgment of the court in the first instance against the Defendant in relation to the instant accident, the Plaintiff sought confirmation of the absence of the insurer’s liability under the instant insurance contract No. 1, No. 2, and the insurer’s liability for insurance with security for self-physical accidents. The court of first instance accepted the claim for confirmation of the absence of the insurer’s liability for insurance with security No. 1 and No. 2, and dismissed the claim for confirmation of the absence of the insurer’s liability for insurance with security for self-physical accidents.

Since only the defendant appealed against this issue, the subject of this Court's adjudication is limited to the claim for confirmation of non-existence of the insurance claim under the security I and II.

2. The reasons for the court’s explanation concerning this case are as follows: (a) the reasons for the court’s explanation are as stated in Section 3 of the judgment of the court of first instance, except for the following modifications or additions; (b) the reasons for the judgment of the court of first instance are as stated in Section 1 and Section 2 of the insurance payment obligations with security; and (c) thus, they are acceptable as they are in accordance with the main text

3. On No. 4 of the first instance court’s decision No. 4, the Defendant added “The Defendant, at the time of the occurrence of the instant accident,” “B, who was a registered insured, consented to the use and management of the instant truck and did not consent to the use and management of the instant truck to the Defendant. As the instant accident occurred while the Defendant confirmed, at the request of G, the insured, whether the roof of the instant truck was abnormal of the truck.”

Part 5 of the judgment of the first instance court "the defendant shall add "at the time of the instant accident" to "the time of the instant accident."

No. 6th of the judgment of the court of first instance, "No. 2007, the defendant argued that B transferred the truck management of this case to H around October 2013 after the defendant's driver's license was revoked, but the defendant transferred the truck management of this case to H on December 10, 2013.