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(영문) 춘천지방법원 2015.02.13 2014나226
채무부존재확인
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. Costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of the first instance, except for the following changes. Thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

The portion of “acquisition” in the third below the third below the judgment of the court of first instance shall be changed to “after acquisition, notify the Plaintiff that the said insurance claim was transferred to the Plaintiff at that time, and such notification has been delivered.”

2. According to the conclusion, the Plaintiff’s claim portion against the Defendant A is inappropriate as there is no benefit to seek confirmation, and the Plaintiff’s obligation to pay insurance proceeds to the Defendant company under the instant insurance contract with respect to the instant accident does not exceed KRW 2,304,00 and damages for delay thereof. As long as the Defendant company contests on the instant accident, the benefit of confirmation exists.

Therefore, the part of the claim against Defendant A among the lawsuit in this case is unlawful and dismissed, and the claim against the Defendant company shall be accepted within the scope of the above recognition, and the remainder shall be dismissed as it is without merit. The judgment of the court of first instance is justified in conclusion, and all appeals against the Defendants are dismissed as it is without merit. It is so decided as per Disposition.

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