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(영문) 창원지방법원진주지원 2017.08.24 2017가합11066

채무부존재확인

Text

1. Around 12:00 on April 3, 2017, the Defendant parked C-A-A-A-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-N

Reasons

1. Basic facts

A. The Plaintiff entered into an automobile insurance contract with the Defendant as the insured, the Defendant, the insurance period from January 26, 2017 to January 26, 2018, with respect to the automobile from which the Plaintiff was an infant of the Defendant as the Defendant, and the Plaintiff entered into an automobile insurance contract (hereinafter “instant insurance contract”). The details of the special terms and conditions pertaining to the automobile from which the Plaintiff was a personal body accident are as follows.

Article 2 (Compensation for Loss) An insurance company shall pay insurance proceeds as provided for in this Special Terms and Conditions if the insured suffers an injury due to any of the following accidents which occurred while he/she owns, uses, or manages an insured motor vehicle:

1. An accident caused by the operation of the insured automobile;

B. On April 3, 2017, at around 12:00 on the day of the instant case, the Defendant, as a disabled person under Article 2 of the Act on the Welfare of Persons with Disabilities of Grade II, was receiving medical treatment for spine, urine, leg, etc. with a long time, was on the day of the instant case, and was on the top of the steering unit of the Abreging vehicle, as well as on the top of the Ethical unit located in the Habndong-gun B of Gyeong-dong, Habre, and parked the said vehicle at the front of her own house, and was on the top of her own house, and was on the top of her own house and was on the top of her own house, suffered an accident (hereinafter referred to as the “accident in this case”).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case did not occur during the operation of the insured motor vehicle, and that the defendant is not obliged to pay insurance money due to his own physical accident under the insurance contract in this case, while the defendant asserts that the above accident is an accident during the operation of the insured motor vehicle before and after the operation of the insured motor vehicle, and therefore, the defendant is obligated

B. Determination is based on the judgment, and it is a self-physical accident under the automobile insurance contract.