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(영문) 대구지방법원서부지원 2014.01.16 2013가단83
채무부존재확인
Text

1. With respect to any accident described in the attached Table 1, the Plaintiff (Counterclaim Defendant) based on the insurance contract listed in the attached Table 2.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) listed in the attached Table 2 concerning the E-1 ton cargo vehicle (hereinafter “instant vehicle”) operated by Defendant A, and F is the spouse of the Defendant as the passenger of the instant vehicle, and Defendant B, C, and D are F children.

B. From around 20:00 on May 8, 201, F provided meals to H located in the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the Republic of Korea, the Defendant A found in the above restaurant on the same day at around 20:45 on the same day, and provided F and a speech on the grounds that he was aware of the food and drink and drink and drink.

Accordingly, Defendant A, “A to talk in house”, and Defendant A forced F to go on the top of the operation of the instant vehicle, starting from the said place.

C. Defendant A, as seen above, was carrying F, operated at a speed of 30 to 40 kilometers per hour along the first line’s line’s road from H to H’s bank, with the Gyeongbuk-gun’s bank, and the first line’s road was in the vicinity of the Gyeongbuk-gun’s L apartment near the instant vehicle, and the head was shocked on the road’s surface on May 9, 201, which led to the death of Daegu-si University University Hospital due to cerebral thalle, external thale, and thale damage (hereinafter “instant accident”). D.

The contents of the automobile insurance clause under the instant insurance contract (hereinafter “instant insurance clause”) concerning the instant accident are as follows.

[10] Article 10 [Liability (Personal Compensation I, Personal Compensation II, Personal Compensation)]

1.(1) An insurance company shall compensate for any loss sustained by the insured as a result of an accident of the insured motor vehicle which occurred during the possession, use or management of the insured motor vehicle, in case where the insured has killed or injured any other person, or has removed or damaged any other property;

However, personal compensation I is the Guarantee of Automobile Accident Compensation Act.

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