채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On February 3, 2009, the Plaintiff entered into an insurance contract with C on February 3, 2009 (hereinafter “instant insurance contract”) with the content that guarantees general injury, death, disability after death, general injury, medical expenses, etc. with the insured and beneficiaries as Defendant.
At the time of the instant insurance contract, the following is indicated with respect to the items of question, “I will continue to drive at present,” among the documents stating “The obligation to inform before the instant insurance contract,” but at the time, the Defendant owned and operated a two-wheeled automobile.
The defendant at the time of the insurance contract of this case, the defendant did not subscribe to the non-injury guarantee clause (hereinafter "the special clause of this case") during the driving of a two-wheeled automobile which does not pay insurance money in cases where a cause for paying insurance money prescribed in the insurance contract occurs due to a direct reason for an injury that occurred while driving a two-wheeled automobile (including boarding). The defendant did not subscribe to the non-injury guarantee clause of the two-wheeled automobile (hereinafter "the special clause of this case").
When the content of the insurance policy and product description are covered by the insurance policy, it shall not be compensated for the injury that occurred while driving (including boarding) a two-wheeled vehicle if it has subscribed to the special terms and conditions for the burden of serious injury to the driving of the two-wheeled vehicle.
In addition, if the insured changes his/her occupation and duties or uses a two-wheeled automobile continuously during the insurance period, he/she shall notify the company without delay, and if not, he/she may refuse or reduce the payment of insurance proceeds.
The insurance policies issued by the Plaintiff to C and the Defendant (hereinafter collectively referred to as the “Defendant”) (hereinafter referred to as the “instant insurance policies”) include the content of coverage, etc., and the lower end thereof is as follows: