채무부존재확인
1. D On May 23, 2017, at or around 17:30, it was occurred while driving a Obane near the roads of Seongbuk-gu, Sungnam-si.
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. On March 31, 2008, the Plaintiff is an insurer that entered into an insurance contract with the network D (FF, hereinafter “the network”) on the same content as the attached list (hereinafter “instant insurance contract”). The Deceased is a policyholder and the insured, and the Defendants are beneficiaries of the instant insurance contract and legal inheritors of the Deceased.
B. Article 1(3) of the “Special Terms and Conditions on the part of Driving a Two-wheeled Automobile” (No. 4; hereinafter “Special Terms and Conditions on the part of Driving a Two-wheeled Automobile”) provides that “this Special Terms and Conditions shall be additionally executed only when the insured owns, uses (limited to the case of periodically driving a Two-wheeled Automobile, such as occupation, duties, or club activities, etc., and excludes one-time use) and manages it.” Article 2(1) provides that “Notwithstanding the terms and conditions of the General Terms and Conditions, the insured does not pay insurance money if any cause for the payment of insurance money under the General Terms and Conditions occurs in the course of driving a Two-wheeled Automobile (including boarding) during the insurance period.”
C. On the upper part of the insurance policy (Evidence A) of this case, the deceased is indicated as having subscribed to the E-wheeled Vehicle Cover, and the lower part states as follows: “In the event that a two-wheeled Vehicle has subscribed to the special terms and conditions for the E-wheeled Vehicle Liability Policy during the Subscription, the two-wheeled Vehicle shall not be compensated for any injury that occurred while driving (including boarding) a two-wheeled Vehicle.”
On May 23, 2017, at around 17:30, the Deceased, driving a two-wheeled vehicle(G) owned by the deceased on the roads near the area E (intersection) in the Sungnam-si, Sungnam-si, and conflicting with other vehicles with which the deceased was a U-turn.
(hereinafter “instant accident”) e.
The Deceased shall have the same effect as the accident in the instant case, e.g., e., e., g., e., e.