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(영문) 수원지방법원성남지원 2015.07.09 2013가단47834
채무부존재확인
Text

1. On October 5, 2013, in relation to the traffic accident that Defendant B caused while driving a motor vehicle C, it shall be recorded in the annexed sheet.

Reasons

1. Facts of recognition;

A. The content of the instant insurance contract concluded between Defendant A and the Plaintiff includes the phrase “the instant special agreement for limited driving at least 35 years of age” (hereinafter “instant special agreement”) stating that an accident occurred while a person under 35 years of age is driving the instant motor vehicle, except for personal liability I (liability insurance).

B. On October 5, 2013, Defendant B, an employee of the instant insurance period, caused the instant accident, which caused the Plaintiff’s failure to drive the instant vehicle and caused the instant accident, resulting in the Plaintiff’s failure to drive the instant vehicle due to any error in violation of the signal.

At the time, Defendant B was 32 years of age.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. Since Defendant B’s age, a driver at the time of the instant accident, was less than 35 years of age at the time of the instant accident, there was no liability for the payment of insurance proceeds (personal compensation II, personal property compensation, and personal vehicle damage insurance) except for personal liability I (liability insurance) to the Defendants based on the instant insurance contract according to the instant special agreement.

In addition, since the Defendants are dissatisfied with the existence of the above insurance money payment obligation, there is a benefit to seek confirmation from the Plaintiff.

B. 1) As to the assertion that the Defendants’ assertion is liable for the payment of insurance proceeds, the Plaintiff, regardless of the instant special agreement after the instant accident, shall not only deal with the instant accident as well as personal compensation II, personal compensation, and personal vehicle damage security (hereinafter “comprehensive insurance management”).

(2) The Plaintiff’s filing of the instant lawsuit is not permissible as violating the principle of trust and good faith, and witness E, F, G, H, and each description of the evidence No. 4, 5, and 6, and witness E, 6.

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