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(영문) 창원지방법원 2020.11.20 2020가단104050
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) KRW 91,917,627 against the Defendant (Counterclaim Plaintiff) and KRW 61,278,418, respectively, to the Defendant (Counterclaim Plaintiff) C and D.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a G Automobile Insurance Contract (hereinafter “instant insurance contract”) with the net F (hereinafter “the deceased”) owner of the vehicle listed in the separate sheet (hereinafter “instant vehicle”). The Defendant B is the deceased’s spouse, Defendant C, and D’s children.

- Policyholders and the Insured: F - Insured motor vehicle: H-Insurance period: H: from April 21, 2019 to April 21, 2020: - Matters of personal indemnification I (the limits set forth in the Enforcement Decree of the Self-Defense Act), personal indemnification II (the limit of KRW 1 billion per accident), personal injury (the limit of KRW 1 billion per person), motor vehicle injury (the limit of KRW 500 million per person), non-insurance injury (the limit of KRW 500 million per person) (the limit of KRW 50 million per person);

B. At around 06:50 on July 18, 2019, the instant vehicle was found to have been found in the sea at a point 20 meters prior to the breakwater at around 06:50 meters before the breakwater, and the Deceased was discovered in a state without awareness in the inside seat of the instant vehicle, and the Deceased was snicked.

(hereinafter “instant accident”). The deceased’s private person is presumed to be next to the deceased’s death.

C. The main contents of the terms and conditions applicable to the instant insurance contract are as shown in attached Form 2.

【Ground of recognition】 The fact that there has been no dispute, Gap's evidence 1 or Gap's evidence 6 (if there is an additional number, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Grounds for the claim;

A. On July 17, 2019, the Deceased was sent to the Defendant B, a spouse, after being present at the morning’s residence, and was taken back as a result of leaving the mind in the instant vehicle that was missing on the sea following the day. The airbag in the instant vehicle was not operated, there was no damage to other facilities in the instant vehicle, and the vehicle did not have to handle the handbag in order to enter the breakwater, and at the time of the discovery, the vehicle was D at the time of discovery.

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