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(영문) 서울남부지방법원 2019.05.23 2018나59050
채무부존재확인
Text

1. The judgment of the court of first instance is modified as follows.

On October 2, 2015, around 19:00, D vehicles at the Gangseo-gu Seoul Metropolitan Government Parking Lot.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff entered into a comprehensive automobile insurance contract with J (hereinafter “instant insurance contract”) with respect to D vehicles aged 30 or older (hereinafter “Plaintiff vehicles”).

B. E (K) around 19:00 on October 2, 2015, around 19:00, parked the Plaintiff’s vehicle in the lower parking lot behind the building of Gangseo-gu Seoul Metropolitan Government, and then opening a door to the driver’s seat, the Defendant’s shoulder and the Plaintiff’s driver’s seat door standing on the part of the Plaintiff’s vehicle are faced.

(hereinafter referred to as “instant accident”). C.

On October 10, 2015, the Defendant was diagnosed by F Hospital as “F Hospital’s invertetype 11 and T12 alleys closed, scambling, scambling, a detailed part of an unidentified, NOS, and Icele column”, and received spine type 12 of pressure pressure.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 7-1, Eul evidence 4, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that there was a pressure frame of 12 times in scarcity prior to the date of the accident of this case, and thus there is no causation between the accident of this case and the defendant's injury of pressure frame No. 12.

In addition, the instant insurance contract is incorporated into the terms of the contract on the driver’s age limitation agreement at least 30 years old, and only E, the driver of the Plaintiff’s vehicle at the time of the instant accident, is merely 26 years old, and thus, the Plaintiff is exempted from liability and bears responsibility only for the personal damage I.

The defendant's plehion 12 No. 12 did not have a causal relationship with the accident of this case, and thus the defendant's injury caused by the accident of this case remains in knife only, and the defendant's injury water supply resulting therefrom constitutes class 12 [Attachment 1] of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (hereinafter referred to as the "Act on Motor Vehicle Loss Compensation"), and the maximum amount of liability insurance is 80,000 won to the defendant.

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