(영문) 서울중앙지방법원 2015.03.17 2014가합557297

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(영문) 서울중앙지방법원 2015.03.17 2014가합557297

채무부존재확인

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1. On May 14, 2014, the accident occurred due to the shocking of the Frupture for E companies located in Gunsan-si D.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The terms and conditions of the instant insurance contract and the conclusion of the terms and conditions thereof (1) were as follows: (a) Nonparty C (hereinafter “the deceased”) and the Plaintiff entered into the instant insurance contract with each of the multi-exclusive driver insurance contracts listed in the attached Form (hereinafter “instant insurance contract”) around September 2013.

(2) Of the ordinary terms and conditions applicable to the instant insurance contract (hereinafter “instant ordinary terms and conditions”), the parts relating to the instant case are as follows.

[Ordinary Terms and Conditions] Article 13 (Types and Grounds for Payment of Insurance Money) (1) The Company shall pay the insurance money agreed upon to the beneficiary (beneficiary) when any of the following events occurs to the insured (beneficiary).

1. Injury to traffic during the insurance period (excluding physical assistive equipment, such as artificial organs, artificial arms, bills, and dental arms, which have occurred during the insurance period, but which includes bodily transplantation of a person and in lieu of its function due to any traffic accident which has occurred during the insurance period;

(B) If the person dies as a direct result of the traffic injury (excluding death due to a disease): the amount of the traffic injury death insurance (the amount of the insurance coverage for the security of the aftermath disability). (2) The traffic injury referred to in paragraph (1) means the following injury:

1. An injury sustained by the insured (including loaded goods) due to a traffic accident, such as collision with, contact with, or collision with, the means of transport (including loaded goods) during operation, or collision with, such means of transport, contact with, fire, explosion, etc.;

(3) The means of transport referred to in paragraph (2) shall mean any of the following:

4. Construction machinery or agricultural machinery: Provided, That such machinery or machinery is used for working machines.

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