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(영문) 대구지방법원 2016.07.21 2016나301705
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

(b) will compensate for losses directly incurred to the insured motor vehicle due to the following accidents occurring during its possession, use, and management:

In this case, parts and accessories attached or installed to the insured motor vehicle are part of the insured motor vehicle.

However, those other than attaching or being installed shall be as stated in the insurance policy.

1. Under Article 24 (Calculation of Insurance Money to be Paid), an insurance company shall pay the insurance money after deducting the “self-charges” stated in the insurance policy from the sum of the amount of damages incurred to the insured vehicle and the “expenses” in its own vehicle damages, in the context of collision, contact, fall, electric uniform, or vehicle inundation with other vehicles or other objects.

[Insurance Money] [Payment] = [Expenses] [Expenses] - [Self-Payment entered in the Insurance Policy] 2] The "amount of damage caused by the difference between the insured and the insured" under paragraph (1) shall be determined as follows based on the insurable value (*1):

1. He shall be compensated within the insurable value stated in the insurance policy, and shall be compensated within the insurable value if the insured amount exceeds the insurable value;

(*1) The term "insurance value" means the recent vehicle standard value determined by the Insurance Development Institute at the time of the occurrence of an accident, when the Insurance Development Institute has entered into an insurance contract in accordance with the vehicle standard value table set by the Insurance Development Institute.

However, if there is no standard value of the above vehicle, or if the value entered in the insurance policy has considerably exceeded the value as at the time of the occurrence of the damage, the value at the time of the occurrence of the damage shall be the insurable value.

C. On July 29, 2014, the Defendant driven the instant car on a road front of the Gu-U.S. 1 University located in the Gu-U.S., Seogdong on July 29, 2014, while driving the instant car and driving it on the front direction of the driving. The lower part of the C driver’s franchise car, which is going on the front direction of the driving.

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