logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2018.05.09 2017가단75269
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) is fully paid KRW 30,00,000 to the Defendant (Counterclaim Plaintiff) and its amount from December 14, 2017.

Reasons

(a) When an accident occurs during the insurance period of this Special Terms and Conditions that causes injury to another person (excluding parents, spouses, and children of the insured (persons insured), during driving of the motor vehicle (hereinafter referred to as "victims"), the insured (persons insured) shall pay the amount of money paid as criminal agreement (hereinafter referred to as "criminal agreement money") to the insured (persons insured) as insurance money to the extent of the following amount per victim:

(hereinafter referred to as "special terms and conditions" and "the insurance period of this special terms and conditions" shall be referred to as "the insurance period"). Article 2 (Definition of Motor Vehicle Driving, etc.) (4) The term "general traffic accident" in this special terms and conditions refers to an accident that does not constitute a serious traffic accident among motor vehicle accidents which rapidly and rapidly occur.

Provided, That the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents shall not be deemed a general traffic accident.

* Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents

7. Unlicensed driving.

8. Driving under drinking or taking drugs;

C. On April 14, 2017, the Defendant paid KRW 30 million to B under the name of criminal agreement, and requested the Plaintiff to pay KRW 30 million under the instant insurance contract, but the Plaintiff rejected such request.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. On November 5, 2016, the Defendant asserted that: (a) around 02:30 on November 5, 2016, a traffic accident (hereinafter “instant accident”) occurred while driving a C vehicle (hereinafter “instant vehicle”); and (b) as a result, B, who is the passenger, sustained an injury corresponding to class 1 under Article 3 of the Enforcement Decree of the Automobile Accident Compensation Guarantee Act; and (c) the Plaintiff is obliged to pay KRW 30 million to B as criminal agreement.

For this reason,

arrow