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(영문) 서울중앙지방법원 2015.05.12 2013가단228403
채무부존재확인
Text

1. B at around 11:02 on March 2, 2012, at the same parallel line near the Yongcheon-ro, Seoul, China and China, B.

Reasons

1. Basic facts

A. On July 5, 2011, the Plaintiff entered into an insurance contract with the Defendant for the car C (hereinafter “Defendant vehicle”) as indicated in the attached list (hereinafter “instant insurance contract”) and stipulated in the special terms and conditions that the Defendant, a registered insured person, and a person other than his/her family, do not pay insurance money for an accident that occurred while driving the Defendant vehicle.

B. On March 2, 2012, B, who is not a family member of the Defendant, was driving the Defendant’s vehicle on March 2, 2012, and was driving the Defendant’s vehicle near the Yungdong-dong in Seoul, Jung-gu, Seoul, causing an accident, such as shocking the right guard (hereinafter “instant accident”).

C. The Plaintiff filed a lawsuit against the Defendant with this Court No. 2012da80680, which became final and conclusive on August 5, 2013, stating that there is no obligation to pay the Plaintiff’s insurance proceeds to the Defendant based on the instant insurance contract, as well as that there is no obligation to pay the Defendant’s insurance proceeds to the Defendant.

[Reasons for Recognition: Article 150 (1) (Voluntary Confession) of the Civil Procedure Act

2. The judgment feet, B is driving

Since the accident of this case and the damage suffered by the defendant is not an accident guaranteed by the insurance contract of this case, the plaintiff does not bear an obligation to pay insurance money to the defendant, and therefore there is no obligation to pay insurance money to the defendant in relation to the accident of this case.

Plaintiff

The request shall be reasonable.

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