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(영문) 대구지방법원 2016.04.22 2015가단117018
채무부존재확인
Text

1. With respect to the traffic accidents listed in the annexed Form 1, the plaintiff against the defendant based on the insurance contract listed in the annexed Form 2.

Reasons

1. The Plaintiff asserted that “(1) The Plaintiff is an insurer who entered into an automobile insurance contract listed in Attachment 2 (hereinafter only referred to as the instant insurance contract) with respect to Nonparty B and C C Car owned by the said B (hereinafter only as the insured vehicle). The Defendant is the Nonparty D’s heir who died while driving the instant accident while driving the instant vehicle.

② On April 21, 2015, the said D died of the instant vehicle without a driver’s license of around 06:00, while driving the instant vehicle (hereinafter “instant accident”).

③ The Defendant requires the payment of KRW 50,000,000,000 as the insured amount because the above D is an insured person under the insurance contract of this case as stipulated in the insurance contract of this case. The above insurance contract of self-physical accident security refers to a person who uses or manages an insured vehicle with the consent of the insured, and the insured person with double consent refers to a person who uses or manages the insured vehicle with the consent of the insured. The consent of the insured person in this context refers to the permission of the use of the vehicle, and the consent is required to obtain the direct consent from the registered insured, but is not an insured person with the consent.

④ However, even if the above D did not directly obtain the approval of the use of the insured vehicle of this case from the above B, the registered insured vehicle of this case, and if the approval was obtained, it can be deemed that the operation of the insured vehicle of this case without the driver's license of the motor vehicle of this case is obviously contrary to the intention of the registered insured, and it cannot be deemed that the above D is the approved insured. If the approval of the use is obtained from the non-party E who is the approved insured, it shall not be deemed that

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