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(영문) 창원지방법원 2015.06.30 2014나10162 (1)
채무부존재확인
Text

1. Of the judgment of the court of first instance, the main claim and counterclaim against the Defendant-Counterclaim Plaintiff B are modified as follows.

on d. 2012

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an insurer that entered into a comprehensive motor vehicle insurance contract with respect to D trucks (hereinafter “instant trucks”) with the insurance period from January 19, 2012 to January 19, 2013.

B. On April 13, 2012, at around 14:10, the steel structure installed in the instant truck exceeds the left-hand side while loading and unloading steel structures for election oil, and Defendant A suffered injury, such as an emission frame, pressure frame No. 3 and pressure frame No. 2, etc., and Defendant B suffered injury on the left-hand side of the instant truck.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry in Eul Nos. 6 and 7 (including the serial number), and the purport of the whole pleadings.

2. The parties' assertion

A. While the Plaintiff’s assertion was completely parked, the instant accident occurred while the Defendants was pushing the steel structure outside of the steel structure, and the steel structure installed in the instant trucking was temporarily fixed to the Plaintiff’s vehicle, and the instant accident is difficult to deem that the instant trucking accident occurred due to the instant trucking operation.

Therefore, the Plaintiff is not obliged to pay insurance money for the damage suffered by the Defendants due to the instant accident.

B. The Defendants’ assertion E is going beyond the left-hand side while proceeding the instant truck in the future, and the instant accident occurred, and thus, the Plaintiff is liable to compensate for the damages suffered by the Defendants due to the instant accident occurred during operation.

3. Occurrence of liability for damages;

A. In fact, the investigative agency is at a speed of about 10km each hour while the end of the steel structure, which is installed in the truck of this case, comes into contact with the ground during the loading and unloading of the steel structure for election oil installed in the truck of this case.

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