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(영문) 서울중앙지방법원 2017.01.12 2016나33980

채무존재확인

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 4 and the overall purport of the pleadings.

Plaintiff

A With the Defendant on November 20, 2014, the type of insurance (1) between the Defendant and the Defendant: (2) the policy number for professional car insurance (2) the policyholder and the insured: D, (3) the Plaintiff: the registered driver: E (the spouse of the Plaintiff); (4) the insurance period from November 20, 2014 to November 20, 2015; (5) the insured vehicle: the insured vehicle (hereinafter referred to as “instant insured vehicle”); (6) the subscription security and the coverage limit: (1) the limit set forth in the Enforcement Decree of the Automobile Accident Compensation Guarantee Act; (2) the personal compensation Type II is without charge per person; (3) the liability for personal compensation is limited to the limit of 10 million won per accident; and (10 million won per insurance premium; and (3) the total insurance premium is limited to 190,000 won per insurance premium.

(hereinafter referred to as the “instant automobile insurance”) B.

Plaintiff

Upon entering into the instant automobile insurance contract, A and the Defendant respectively entered into the age limit special agreement which limits the driver of the instant insured vehicle to at least 48 years of age, and the marital limited to the registered insured and his/her spouse. According to this, with respect to an accident occurred while a person other than the Plaintiff A and his/her spouse is driving an insured vehicle, the Defendant’s liability to pay insurance proceeds shall not occur except for personal compensation I.

C. On May 5, 2015, Plaintiff B, an son of Plaintiff A, driven the instant insured vehicle on May 14:25, 2015, and proceeded with a private distance without any signal lightsing in front of the signal lightsing 422-hon-ro 7, Seo-gu, Incheon, Seo-gu, Seocheon High School. However, Plaintiff B driving the same visual F vehicle, and driving the said private distance to the front part of the said vehicle.