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(영문) 광주지방법원 2017.05.10 2016가단29079
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant) has 42,857,142 won to the defendant (Counterclaim plaintiff), the defendant (Counterclaim plaintiff) B and C, respectively.

Reasons

A principal lawsuit shall also be deemed a principal lawsuit.

1. Basic facts

A. On February 24, 2016, the Plaintiff Company entered into an insurance contract for non-distribution professional car insurance (hereinafter “the instant insurance contract”) with Nonparty D with respect to one ton of freight owned D (hereinafter “the instant cargo vehicle”) such as the attached Table No. 2 as indicated in the attached Table No. 2.

B. The above insurance contract of this case contains a special agreement on self-physical accidents (the maximum 100 million won in the case of death) that compensates for losses when the insured suffered injuries due to the accidents of insured motor vehicles which occurred while the insured owns, uses, and manages the insured motor vehicles.

C. On May 24, 2016, while driving the instant cargo vehicle and driving the west Highway, the network E, at around 21:27: (a) around 21:27, was killed by shocking the G buses operated on the two-lane side by setting up one vehicle at a point of 91.2km on the west Highway Line, the Round I/C (E) in one lane, resulting in an open-lane, and died.

(hereinafter referred to as "the accident of this case") D.

The Deceased resided in Gwangju Metropolitan City as a Hant until the time of death, and the Defendant A’s spouse, Defendant B, and C are the children of the Deceased.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Eul 1-6 evidence (including partial numbers), the purport of the whole pleadings

2. Grounds for demanding the counterclaim against the principal lawsuit;

A. The instant accident, which is the cause of the principal claim, is not an accident caused by the insured motor vehicle accident during the possession, use, and management of the insured motor vehicle, and the Plaintiff Company is not obligated to pay the instant automobile accident insurance due to the death of

B. The instant accident, which caused the counterclaim, is an accident caused by an insured automobile during the possession, use, and management of the insured automobile, and thus, the Plaintiff is obligated to pay 100 million won, which is a limit within the scope of the calculation of the insurance money in the attached Form, to

Therefore, the Plaintiff is liable to Defendant A for 42,857,142 won (10 million won x 3/7), Defendant B, and Defendant B.

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