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(영문) 춘천지방법원 2015.02.10 2014가단7370
채무부존재확인
Text

1. With respect to an automobile accident listed in paragraph 1 of the attached list, time-limit for the insurance contract described in paragraph 2 of the same list.

Reasons

1. Facts of recognition;

A. On November 28, 2013, Defendant A, via Defendant B, entered into an automobile insurance contract (hereinafter “instant insurance contract”) in the attached Table No. 2 with the Plaintiff with respect to the passenger car in Crata (which was replaced by Drata car on April 28, 2014; hereinafter the same shall apply), and entered into a family limited driving special clause (hereinafter “instant special clause”).

B. From about 50 years ago, Defendant B was born from a person who is in a legal marital relationship with Defendant B, and the mother of Defendant A was living together. However, Defendant B’s father is in a legal marital relationship with other person than Defendant A, and Defendant B was born from a person in a legal marital relationship with Defendant B.

C. On August 4, 2014, around 17:40 on August 4, 2014, Defendant B: (a) had an accident described in paragraph (1) of the attached Table while operating the instant car in the vicinity of the Fisheries Council.

(hereinafter “instant accident”). D.

According to the Plaintiff’s special terms and conditions for limited driving for the insured, if the insured restricts the insured to the insured and his/her family members, the insured is entitled to receive compensation as prescribed by the special terms and conditions. The said terms and conditions stipulate the scope of the family members of the named insured as “(i) parents of the named insured, adoptive parents, grandparents, and grandparents of the named insured, (ii) parents of the spouse of the named insured, adoptive parents or grandparents, (iii) spouses in a de facto marital relationship, (iv) children born in a de facto marital relationship, (iv) children born in a de facto marital relationship, (v) children, both or women, and (v) children born in a de facto marital relationship, and (vi) the named insured’

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 10, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Defendant A, the registered insured of the instant passenger vehicle, claiming by the parties, is the Plaintiff.

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