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(영문) 수원지방법원안산지원 2016.01.29 2013가단30615
채무부존재
Text

1. As to the accidents listed in the attached Form 1, the plaintiff against the defendant based on the insurance contract listed in the attached Form 2.

Reasons

1. Basic facts

A. On February 29, 2012, the Defendant’s child B (hereinafter “the deceased”) concluded an insurance contract in attached Form 2 (hereinafter “instant insurance contract”) with the Plaintiff.

Of the terms and conditions applicable to the insurance contract of this case, the contents of this case are as shown in attached Form 3.

9 If a driver is under driving as of now, the model and purpose of the model will be whatever.

(Entry of all the relevant matters) Construction machinery of any other type of agricultural machinery for private use in the car business, for private use, for private use in the car + in the car business

B. The upper part of the written offer (No. 6, hereinafter “instant offer”) prepared by the Deceased at the time of entering into the instant insurance contract (hereinafter “instant offer”) states that “In the event that the Deceased does not notify or falsely notify that it is true, it may be rejected, and in particular, if the content constitutes an important matter, it may be terminated or restricted pursuant to the effect clause of breach of the obligation to notify prior to the contract according to the terms and conditions regardless of the intent of the policyholder or the insured.”

The 9th question of the offer of this case was as follows. The deceased indicated the "+" only on the items that he drives a car for his own use, and did not indicate any indication on the items that ask whether he drives a car.

C. On April 27, 2012, the Deceased was killed due to an accident, such as the attached Form 1 (hereinafter “instant accident”), while driving the Oral Ba (Uwasaki) (Kwas) leased by Max1400A).

On February 13, 2013, the Defendant claimed that the Plaintiff pay the insurance money under the instant insurance contract.

Accordingly, the plaintiff, on March 12, 2013, operated a two-wheeled automobile repeatedly from the time when the deceased entered into the insurance contract of this case to the time after the termination of the two-wheeled automobile.

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