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(영문) 인천지방법원 2020.04.21 2019가단223692
채무부존재확인
Text

1. In relation to the accident described in the attached Table 1, the Plaintiff’s insurance money obligations based on the attached insurance contract against the Defendant.

Reasons

1. Basic facts

A. On August 14, 2018, the Plaintiff and the Defendant concluded an insurance contract with the same content as the attached Form 2 (hereinafter “instant insurance contract”).

Among the insurance contracts of this case, the main contents of the special terms and conditions to guarantee automobile accident handling subsidies are as follows.

Article 1 (Grounds for Payment of Insurance Money) (1) If the insured causes an injury to another person (excluding his parents, spouse, and children; hereinafter referred to as “victim”) due to an accident during the period of insurance of this Special Terms and Conditions during the driving of a motor vehicle, the Company shall pay the amount paid by the insured as criminal agreement amount (hereinafter referred to as “criminal agreement amount”) to each victim for each accident to the insured within the following amount per victim:

Amount of insurance proceeds paid by kind;

1. Criminal agreement in case of the death of a victim caused by an accident while driving a motor vehicle;

2. The limit of 70 days to 140 days from 139 days to 20 million won from 42 days from 139 days from the date of diagnosis where the victim has been diagnosed as requiring medical treatment due to "traffic accidents violating heavy laws" while driving a motor vehicle.

3. Article 3 (Detailed Provisions for Payment of Insurance Money) (2) of the Criminal Act in the event a victim suffers a serious injury due to a "ordinary traffic accident" while driving a motor vehicle and the prosecution is indicted by the prosecution or an injury falling under Grade 1, 2, or 3 as prescribed in Article 3 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act is caused by an injury under Article 258(1) or (2) of the Criminal Act, Article 268 of the Criminal Act, and Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

1. A traffic accident confirmation agent issued by a police station;

2. The criminal agreement on motor vehicle accidents submitted to the police station or the prosecutor's office shall specify the criminal agreement;

3. In cases of prosecution by the prosecution, the prosecutor's office shall be the case.

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