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(영문) 광주지방법원 2014.08.29 2013가합8344
채무부존재확인
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claims against the defendant A and B are all dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into the instant insurance contract with Defendant B on March 24, 2009, and the Defendant A and B are the parents of Defendant C.

B. The instant insurance contract guarantees a maximum of KRW 100 million liability for living on a family basis with the compensation of the maximum amount of KRW 100 million. The main contents of the instant special terms and conditions for living on a family basis (hereinafter “instant special terms and conditions”) are as follows.

◎ 가족일상생활배상책임 특별약관

1. (Compensation for Loss) Any accident resulting from the insured’s daily life (excluding ownership, use and management of any real estate other than a house), which is caused by the insured’s liability to compensate for any loss of physical disability or property of another person, due to the following accidents:

2.(Scope of the Insured) In the above 1. (Compensation Damages) the Insured refers to the following persons:

(1) The insured as stated in the insurance policy (hereinafter referred to as the "insured principal")

3. (Non-Compensation for Loss) The Company shall not compensate for any loss sustained by the Company which shall be liable for any of the following causes:

(1) No loss shall be covered by any compensation, which is incurred by a contractor or the insured, without directly or indirectly asking for the cause thereof, as follows:

(8) Liability for damages due to violence or sacity by the insured or by an instruction of the insured, or by an act of violence.

C. Defendant C and net D were in attendance at the first grade of F Middle School in Seo-gu, Seo-gu, Gwangju at the time of May 13, 2013, and Defendant C (GG) completed the first grade of F Middle School around 12:30 on May 13, 2013.

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