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(영문) 서울중앙지방법원 2015.05.08 2014나34439
채무부존재확인
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in the entry of Gap evidence of Nos. 1, 2, 6, 7, 10, 11, Eul evidence of No. 1 to 4, Eul evidence of No. 5 to 7, and Eul evidence of No. 5 (including the numbers with which each number is attached; hereinafter the same shall apply).

On December 24, 2012, the Plaintiff entered into an insurance contract (hereinafter referred to as the “instant insurance contract”) with respect to D vehicles (hereinafter referred to as “the instant vehicles”) owned by Defendant Newcompets, as described in attached Table 2, between Defendant Newcompets (hereinafter referred to as Defendant Newcompets) and Defendant Newcompets.

B. On March 18, 2013, Defendant New Zealand entered into a contract under which all of the buses owned by Defendant New Zealand, including the instant vehicle, are transferred to a limited partnership company unification tourism (hereinafter referred to as “unit tourism”). The instant transfer contract (Evidence A2) states that Defendant New Cross received all the transfer proceeds of all the buses, including the instant vehicle.

C. On March 18, 2013, the Uniform Tourism reported on the transfer or acquisition of all passenger transport business (subcity buses) to the ignsung City Mayor along with the instant transfer contract. On April 5, 2013, upon receipt of the notice of repair from the Sungsung City on the same day, the name of the registration of the instant vehicle was transferred from Defendant New Bable.

On March 20, 2013, Defendant Newcompet shall separately lease the instant vehicle at KRW 10,00,000,000 from March 15, 2013 to March 14, 2014, respectively, to Defendant Han Chang Port Co., Ltd. (hereinafter “Defendant Han Chang Port Co., Ltd.”). However, the instant vehicle shall be treated as the instant insurance contract concluded with the Plaintiff with respect to the compensation for personal injury, personal injury, and personal bodily injury to the instant vehicle, and the lessee shall bear the responsibility for the compensation for the self-vehicle damage.

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