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(영문) 대구지방법원 2015.02.12 2014나2479
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

Attached Table 2 in relation to the accidents described in the Schedule 1.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On January 26, 2011, the Plaintiff is an insurer that entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with Defendant A as indicated in attached Table 2 with respect to the instant cargo vehicle (hereinafter “instant cargo vehicle”).

Defendant A is the husband of the net F (hereinafter referred to as “the deceased”), and Defendant B, C, and D are the deceased’s children.

B. On May 8, 2011, at around 20:00, the Deceased, while drinking with Ha and J while drinking with friendly job offers I and J, on the same day on the grounds that 20:45 day of the same day, the Deceased was found in H and the Defendant A, who followed it, had a conflict with her friend and drinking with her friendship.

As such, Defendant A, while making a dispute, called “a person who talks with his house”, was forced to have the deceased on the top of the freight truck of this case and started with his house on the deceased.

C. Defendant A, while driving the instant cargo vehicle on board the Deceased, was proceeding at the speed of 30 to 40 kilometers per hour on the road of the first line from H to the K of the Gan-gun of the Ganbuk-gun. The Deceased was in the vicinity of the Ganbuk-gun of the foregoing cargo vehicle, and the head was faced on the road surface on May 9, 201, and died due to its shock, from the Daegu MoTol University Hospital on May 9, 201.

(hereinafter “instant accident”). D.

Of the security matters of the insurance contract of this case, the amount of death insurance for one's own physical accident is KRW 50,000,000, and the terms and conditions of the insurance contract of this case concerning the accident of this case are as follows.

[10] Liability for damages (personal injury I, personal injury II, and personal injury)

1. (1) An insurance company shall be liable for any loss sustained by the insured as a result of an accident of an insured motor vehicle which occurred while it owns, uses or manages the insured motor vehicle, or removing or damaging any other property;

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