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(영문) 서울중앙지방법원 2017.08.09 2016가합562903
채무부존재확인
Text

1. As to the Plaintiff (Counterclaim Defendant) KRW 50,00,000,000 for each of the Defendant (Counterclaim Plaintiff) and the same, from December 27, 2016 to August 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 10, 2016, the Plaintiff entered into the KB car insurance contract (hereinafter “instant insurance contract”) with respect to D dump trucks (hereinafter “instant vehicles”) with Nonparty C as the Seoul Metropolitan Area Environment (hereinafter “Seoul Metropolitan Area Environment”). From May 10, 2016 to May 10, 2017, the insurance period was from May 10, 2016, with respect to the purchase of the vehicle, the Plaintiff entered into the KB car insurance contract with the content that the purchase price of the vehicle is 10 million won, personal injury compensation 2, personal injury compensation, personal injury compensation, expansion of personal injury (a KRW 100 million per person’s death, injury KRW 100,000,000,000,000,000).

Article 1(Definition of Terms) of the General Terms and Conditions and Article 1(Definition of Terms and Conditions) 13. Insured: Insurance companies are entitled to claim compensation from insurance companies, who falls under any of the following, and the specific scope of the insured is at the risk of complying with their respective coverage items:

(c) the Insured is the person who uses or manages the insured motor vehicle with the consent of the Insured.

In the case of the insured in Section 7(insured) and the case of the insured in Section 7(B), the term "insured" means a person who falls under any of the following subparagraphs:

3. Special terms and conditions of the Insured;

Ⅱ. The expansion of the guarantee of self-physical accidents (the subject matter of insurance) of this Special Clause may be admitted only when the "self-physical accidents" of the General Clause is concluded, and the insurer shall apply the "self-physical accidents" of the General Clause in substitution of this Special Clause.

Article 2 (Contents of Compensation) (1) An insurance company shall be bound to compensate for any loss incurred while the insured owns, uses, or manages an insured motor vehicle due to any of the following accidents:

1. Article 4 (Scope of Insured Persons) (1) Any insured person shall be compensated by an insurance company for any accidents caused by the operation of insured motor vehicles;

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