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(영문) 대구지방법원영덕지원 2014.04.08 2013가단4178

채무부존재확인

Text

1. Attached Form;

1. With respect to a traffic accident entered in the details of the traffic accident, annexed Form;

2. Insurance contracts which contain details of insurance contracts;

Reasons

1. Facts of recognition;

A. The plaintiff is attached to the defendant

2. The comprehensive automobile insurance contract entered into the details of the insurance contract (hereinafter “instant insurance contract”).

B. On March 8, 2013, at around 20:30 on March 8, 2013, the Defendant’s Party B driving a C Ecoos car (hereinafter “instant car”) and attached Form attached thereto.

1. The occurrence of a traffic accident in the details of the traffic accident has occurred, which results in the injury inflicted upon the driver E of the DNA vehicle and the passenger F;

(hereinafter referred to as “instant traffic accident”). C.

With regard to the payment of insurance money Class II, the terms and conditions of the insurance contract of this case provide that "the insured shall not compensate for any damage caused by an accident that occurred when the driver of the insured motor vehicle has been driving without the license or has been driving without the license under the explicit implied approval of the insured."

(hereinafter referred to as the "Terms and Conditions of Exemption of this case"). [Grounds for recognition]: Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3-1, 2, Gap evidence 4-16, Eul evidence 1-1 and Eul evidence 1-2, the purport of the whole pleadings, and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. The plaintiff asserts that the traffic accident in this case occurred while driving B without a license under the defendant's explicit implied approval, so the plaintiff asserts that the plaintiff is exempted from the obligation to pay the insurance money in accordance with the indemnity clause in this case.

In this regard, the Defendant was aware of the cancellation of the Plaintiff’s license B, and thus, the Defendant was absolutely prohibited from driving the instant vehicle, and the vehicle fever was also hidden. The instant traffic accident found the key of the instant vehicle, which was hidden between B and B at the entrance of the entrance of the entrance of the entrance of the entrance of the entrance, and caused the Defendant to drive the instant vehicle, which was his father, while driving the instant vehicle.