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(영문) 수원지방법원안양지원 2016.11.25 2014가단110967
손해배상(기)
Text

1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The defendant shall pay 2,280,000 won to the plaintiff and this shall apply.

Reasons

1. The following facts may be admitted, either in dispute between the parties or in full view of the purport of the entire pleadings, on the images of Gap evidence Nos. 1, 2, 3, and 5, and on the images of Gap evidence Nos. 4 and 9:

(1) The Plaintiff is a party to an insurance contract as shown in the attached Table 2 (hereinafter “instant insurance contract”) between B and B around September 2009.

The insurer who entered into the insurance contract of this case is the insurer who is liable for damages arising from the family life among the terms and conditions of the insurance contract of this case. Article 4 of the Special Clause provides that "the insured shall be liable for damages sustained by the insured under the law for physical disability or property of another person due to a sudden accident arising from daily life during the insurance period of the insurance contract."

The owner of the C Tti-gu 2.0 TDI car (hereinafter referred to as the “instant vehicle”) which is a vehicle damaged by the mixed oil accident as stated in the port.

B. On November 27, 2013, B was accompanied by the instant vehicle driven by D, who is the Defendant’s child, and around 23:12, the instant vehicle used the instant vehicle as fuel in the process of oiling in lieu of D in the Friju station located in Gangseo-gu Seoul Metropolitan Government on behalf of D (hereinafter “instant mixed vehicle”), and the instant vehicle caused the breakdown in the instant vehicle.

C. On November 28, 2013, the instant vehicle repair D stored the instant vehicle in the G Service Center, a maintenance business entity, for the repair of the instant vehicle, and thereafter, the instant vehicle was shipped out upon completion of repair on January 27, 2014, and the Plaintiff paid KRW 11,400,000 as the repair cost for the said maintenance business entity.

2. The plaintiff's judgment on the legitimacy of the part of the claim for confirmation of non-existence of an obligation among the lawsuits in this case asserts that the plaintiff's obligation to pay insurance money to the defendant due to the non-existence of an obligation in this case does not exceed KRW 5,700,000, and that confirmation is made.

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