logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2015.07.07 2014가단9443
채무부존재확인
Text

1. Attached Form 1 of the Plaintiff (Counterclaim Defendant) concerning the damage incurred by Nonparty B due to a traffic accident listed in the Attached List No. 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff and the Defendant concluded an automobile insurance contract (hereinafter “instant insurance contract”) with respect to a vehicle C owned by the Defendant (hereinafter “Defendant”) as described in attached Table 2.

B. The Defendant caused a traffic accident, such as the attached list No. 1 (hereinafter “instant accident”).

C. The degree of injury sustained by B due to the accident in this case constitutes class 12 of attached Table 1 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts finding as to the cause of the claim, since the defendant did not subscribe to the Large Compensation II while entering into the contract of this case with the plaintiff, the plaintiff is not obligated to pay the defendant the insurance proceeds in accordance with the Items Ⅱ as to the accident of this case.

B. The defendant's argument regarding the defendant's assertion is that the defendant only did not agree to liability insurance at the time of entering into the insurance contract with the plaintiff, but only adjusted the amount of the security when he/she wants to subscribe to the insurance contract with the plaintiff. The plaintiff's call center counsel staff voluntarily subscribed to the substitute compensation I without specifically explaining the personal compensation first and the personal compensation second, so the plaintiff asserts to the purport that he/she should provide the defendant with comprehensive insurance management regarding the accident of this case.

According to the whole purport of evidence No. 6 and the argument, the plaintiff's counsel employee specifically explained to the defendant about the personal injury No. 1 and the personal injury No. 2 at the time of entering into the insurance contract of this case, and the defendant selected to join the personal injury No. 6 only to the personal injury No. 1. Thus, the defendant's assertion is acknowledged.

arrow