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(영문) 대구지방법원 2015.08.27 2013가합205833

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 30,521,346 to the Defendant (Counterclaim Plaintiff) and its related amount from June 25, 2015 to August 27, 2015.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On August 14, 2013, while under the influence of alcohol on August 14, 2013, the Defendant suffered from the injury of the aggregate of 8 weeks, including the maternal mar, internal and external side ray, the tear of internal and external side mastal tyle, the tear of the mastal mastal mastal, and the math of the mastal mastal mastal mastal, the math of the mastal mastal mastal, the math of the mastal mast, the math of the mathal mastal

(hereinafter “instant accident”). (b)

The non-party E, the father of C, entered into an insurance contract with the non-party Eastern Fire and Marine Insurance Co., Ltd. (hereinafter referred to as the "non-party company") (hereinafter referred to as the "non-party company") with the insurance contract from November 25, 2003 to November 25, 2013, with the coverage limit of KRW 100,000 (hereinafter referred to as "non-party Green Family Love Insurance"; hereinafter referred to as the "the insurance contract of this case"), and the relevant provisions of the insurance contract of this case (hereinafter referred to as the "agreement of this case") are as follows.

3-1. Liability 1. (Compensation for Loss) A company (hereinafter referred to as a “company”) shall not be held liable for any damage incurred by the insured’s physical injury (including death caused by an injury) or property damage (including injury or loss) due to an accident listed in an insurance policy, due to any of the following insured events during the insurance period, by bearing the legal supervisor’s liability for the child or his/her child under Article 755 of the Civil Code:

(2) An accident resulting from the insured’s daily life (excluding the possession, use, or management of real estate other than a house).

2. (Non-Compensation for Loss) The Company shall not pay for any loss which is caused by the liability for the following reasons, not directly or indirectly by the cause of the loss:

(1) Intention's intention or the insured.

C. The Plaintiff from the Defendant on October 15, 2013.

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