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(영문) 창원지방법원마산지원 2015.07.16 2014가단13382

채무부존재확인

Text

1. On April 21, 2014, around 10:24, the Defendant (Counterclaim Plaintiff) located in the Haan-gun, Gyeongnam-gun, is in the way of using C air strings.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 20, 2014, the Plaintiff entered into an automobile insurance contract (hereinafter “instant insurance contract”) with respect to the E and C mid-term period (hereinafter “instant mid-term period”), setting the insurance period from January 21, 2014 to January 21, 2015 as the maximum of KRW 100,000 per accident (hereinafter “instant insurance contract”).

The terms and conditions of the instant insurance contract (hereinafter referred to as the “instant terms and conditions”) concerning the damage not compensated with the insured for property damage are as follows.

The term "insured" in Article 7 (insured) and the "Real Estate Compensation Act" mean a person who falls under any of the following subparagraphs:

1. Insured insured persons;

2. Relatives insured;

3. The Insured.

However, if a motor vehicle operator uses or manages an insured motor vehicle entrusted for the performance of his/her duties, it shall not be deemed the insured.

4. Insured employees.

5. An insured driver;

However, if a motor vehicle operator uses or manages an insured motor vehicle entrusted for the performance of his/her duties, it shall not be deemed the insured.

Article 8 (Non-Compensation for Loss) (3) Any of the following damages shall not be compensated by the Compensation for Substitute Property Act:

1. Damage incurred in the property owned, used and managed by the insured or their parents, their spouses or children;

2. Loss resulting from the property owned and managed by the insured's employer when the insured is engaged in his/her business;

B. The Defendant, from February 2014, entered into a lease contract for E, C, and C, and C, and C, on about ten occasions every month with a driver and used them. In the lease contract made at the time of lease, “construction machinery lease” is managed by the lessee under the responsibility of the lessee after entering the site and until the removal of the site, and is obliged to perform safety management of construction machinery and employees at the time of work inside the site and at the time of accident.