채무부존재확인
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 20, 201, the Plaintiff entered into an insurance contract with the Defendant listed in attached Table No. 1 (hereinafter “instant insurance contract”) and the main contents are as follows.
- Insured - The defendant - the beneficiary of the death benefit: the legal inheritor - the insurance period from September 20, 201 to September 20, 2070 - The amount of coverage, the general injury, the death benefit after death (the maturity of 100 years old): each payment (the insurance amount of 50 million won) when death or disability occurs due to general injury, and the amount of fine of 20 million won for private driver.
B. The instant insurance contract is accompanied by the “Special Terms and Conditions Guaranteeing Injury during Driving of Two-wheeled Automobiles” (hereinafter “the instant Special Terms and Conditions”). According to the aforementioned Special Terms and Conditions, where a cause for paying insurance proceeds under the instant insurance contract arose due to a sudden and incidental accident that occurred while the insured drives a Two-wheeled Automobiles (including boarding a Motor Vehicle), the insurance proceeds shall not be paid. However, the aforementioned Special Terms and Conditions apply only to cases where the insured owns, uses (limited to cases of periodically driving a Two-wheeled Automobiles due to occupation, duties or activities of the club, etc.) and manages a Two-Wheeld Automobiles.
C. On October 5, 2014, around 05:55, the Defendant: (a) driven the front road B in front of Yansan-gu, the front part of the cargo vehicle parked on the right side of the above road (hereinafter “instant insurance accident”); (b) thereby, the Defendant suffered injury, such as undermining cerebral and cerebral cerebral Bribe with a detailed address known in the open opening inside the two sides; (c) and (d) “the steel damage” (hereinafter “the instant injury”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 2 through 4 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. The principal claim.