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(영문) 대구지방법원포항지원 2016.11.24 2016가단102748
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

(a) In addition to the content that is covered by Part II Automobile Insurance Co., Ltd., the insurance company under the Act on Self-Physical Accidents in Section 1 of Article 12 (Compensation for Loss) of the issue of coverage except for the liability to compensate under Part II Automobile Insurance Co., Ltd., shall be bound to compensate for the loss caused by any of the following accidents which occurred while the insured owns, uses, and manages the insured automobile:

1. An accident caused by the operation of the insured automobile;

2. The following accidents which occur while operating the insured motor vehicle:

(c) any of the following losses under Article 14 (Non-Compensation for Loss) of the thunderage of an insured motor vehicle shall not be compensated by the "Self-Physical Accidents Act":

1. The insured's intentional injury;

2. On December 2014, the Plaintiff entered into a comprehensive motor vehicle insurance contract with E, the owner of DPoter Ⅱ trucks (hereinafter “instant motor vehicle”) with the same content as the attached list (hereinafter “instant insurance contract”). Of the instant insurance policy, the parts relating to the instant case are as follows.

B. The fall accident 1) the network C (hereinafter referred to as “the network”).

(1) On September 15, 2015, around 09:45, the instant vehicle was driven by the driver, and stopped in the vacant lots adjacent to the road located in the north-gu, Northern-si, North-si, and then cut off the said vehicle with the coast-saving wall at lower than 40 meters (hereinafter referred to as “instant accident”).

2) The Deceased was discovered at the coast in the state of being separated from the instant vehicle, but died during the course of being sent to the Positototop Hospital.

C. The Defendants, the inheritor of the deceased, such as the Defendants’ claim for the instant insurance money, claimed for the payment of the instant insurance money to the Plaintiff, but the Defendant rejected the payment of the said insurance money.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6, and Eul

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