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(영문) 인천지방법원 2015.07.10 2014가합59565
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the statements in Category B(1) to 4, the witness C’s testimony and the whole purport of the pleadings:

The Plaintiff entered into an insurance contract “m-D” (hereinafter “instant insurance contract”) with B as the insured.

B. B entered into the instant insurance contract and subscribed to the instant special agreement guaranteeing liability for damages (Ⅱ) during the family life, and the main contents of the special agreement guaranteeing liability for damages (Ⅱ) during the family life applicable to the said special agreement are as follows.

Article 1 (Compensation for Damages) ① Our company (hereinafter referred to as the “company”) shall compensate for damages sustained by the insured insured under Section 2 due to the following accidents during the insurance period of this family life in accordance with this Special Terms and Conditions:

(2)The insured under paragraph (1) refers to the insured and their families as stated in the following insurance policies:

1. Article 3 (Non-Compensation for Loss) (2) The company shall not compensate for the loss caused by the burden of liability for the following reasons, not directly or indirectly, for the cause of the accident:

1. Article 8 (Resolution of Company for Claim for Damages) ① When the insured is liable for damages due to a direct performance of the insured’s duties, the injured party shall pay insurance money to the company to the extent that the company is liable for payment to the insured under this Special Clause.

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