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(영문) 서울서부지방법원 2016.02.04 2013가단31192
채무부존재확인
Text

1. With respect to a traffic accident that occurred on December 13, 2010, the insurance money of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is insurance money.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. (1) A Co., Ltd. (hereinafter referred to as “B”) with the Defendant as the representative director entered into an automobile insurance contract with the Korea Fire Insurance Co., Ltd. (hereinafter referred to as “Korea Fire Insurance Co., Ltd.”) with respect to the vehicle C owned by the Defendant (hereinafter referred to as “accidentd vehicle”) regarding the “Korea Fire Insurance Co., Ltd.” (hereinafter referred to as “Korea Fire Insurance”). From July 23, 2010 to July 23, 201, the type of collateral first, the personal damage first, the personal damage second (unlimited), the personal damage (20 million won per accident), and the “self-physical accident”.

(2) The insurance clause applicable to the above insurance contract provides that "in the case of the insured who is a corporation, the director and the auditor are dead or injured" as the reasons for the exemption from liability II, and provides that "in the case of the insured who are the corporation, the director and the auditor are dead or injured" as the details of the compensation for the insured's physical accidents, "the insurer compensates the insured for any loss caused by the insured's accident occurred during the possession, use and management of the insured motor vehicle." In addition, in the

B. (1) At around 10:35 on December 13, 2010, D, an employee of B, driving a vehicle involved in the accident for the company’s business, driving on the fourth-lane road at the right side of the vehicle at the port of Pakistan in Seoul, by means of the right side of the road from the front side of the road in Seoul, and tried to discover the F vehicle of the E-driving that driven ahead of the said fourth-lane and change the vehicle into the third-lane, but the H vehicle is driving on the third-lane road without changing the vehicle line, and the latter part of the F vehicle's left side of the H vehicle was received, and the latter conflict with the right side of the H vehicle.

(2) At the time of the accident, the Plaintiff was killed in the instant vehicle, and the Plaintiff suffered injuries, such as the rashing of the relevant accident, etc.

C. (1) As to the I vehicle, the Defendant is the Defendant as to the I vehicle, and the insurance period is from September 30, 201 to September 30, 201.

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