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(영문) 광주지방법원해남지원 2016.06.16 2015가단21780
채무부존재확인
Text

1. With respect to traffic accidents listed in the separate sheet, the Plaintiff is against the Defendant according to the insurance contract indicated in the same list.

Reasons

1. Basic facts

A. On May 14, 2012, the Plaintiff, an insurance company, entered into an insurance contract with the Defendant’s wife B (hereinafter “instant insurance contract”). The total sum of the subscription amount of the automobile accident insurance out of the said insurance contract is KRW 250,000,000 (the death and aftermath disability: KRW 200,000,000,000).

(A) Evidence No. 1 1.b.

Of the terms and conditions of the instant insurance contract, the part concerning automobile accident insurance (hereinafter “instant terms and conditions”) stipulates as follows:

(A) No. 1-2. The term "automobile injury" can be subscribed only when the "self-physical accident" in this insurance contract has not been entered into.

1.(1) An insurance company shall be bound to compensate for any loss incurred by the insured in the course of its possession, use, or management due to an accident of the insured motor vehicle;

(2) Insurance money to be paid by an insurance company under this Clause shall be limited to the amount of insurance coverage as set out in the insurance policy.

Insurance money = Amount calculated in accordance with the payment standards for insurance money + Expenses + Amount of insurance money to be paid by an insurance company shall be the sum of the amount calculated in accordance with the payment standards for insurance money under this standardized contract and the “expenses” minus the amount of deduction.

② The above "amount of deduction" refers to the following amounts:

Amount to be deducted = Amount to be compensated by the large-scale compensation I and the large-scale compensation II + Amount of indemnity for automobile injury - Actual amount of damages.

A. The amount in excess if the sum of the amounts entitled to compensation under the automobile insurance (including the mutual aid agreement) and the amount entitled to compensation under the personal compensation I (including the government guarantee business) and the amount entitled to compensation under the personal compensation II exceeds the amount of actual damage: Provided, That if the amount of compensation is negative (-), it shall be calculated as zero, and the amount of actual damage shall be calculated in accordance with the standard of insurance payment.

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