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(영문) 서울중앙지방법원 2015.10.27 2014가단248817
채무부존재확인
Text

1. The plaintiff is based on the insurance contract of Paragraph 2 as stated in the separate sheet with respect to the case of Paragraph 1 of the case in the separate sheet.

Reasons

1. Basic facts

A. On March 22, 2009, the Plaintiff concluded an insurance contract (hereinafter “instant insurance contract”) with the Defendant as indicated in the attached list No. 2 as indicated in the attached Table No. 2 (hereinafter “instant insurance contract”) and stipulated a special clause that excludes injury compensation during driving of a two-wheeled automobile as follows:

Article 1 (Conclusion and Validity of Contracts) (4) This Special Terms and Conditions shall be made in addition to ownership, use (limited to the case of periodically driving due to occupation, duties or activities of club, etc.) and management only when the insured owns, uses, or manages a two-wheeled automobile.

Article 2 (Non-Indemnity Damages) ① Notwithstanding the terms of an insurance contract, the Company shall not pay insurance proceeds if any cause for the payment of insurance proceeds specified in the insurance contract occurs when the insured, as stated in the insurance policy (insurance Policy), becomes subject to the driving (including boarding; hereinafter the same shall apply) of a two-wheeled automobile during the insurance period.

B. On November 6, 201, the Defendant, at his own name, driven B Scooter purchased on his own name on November 10, 201, and was faced with E vehicles while driving a road near the D Hospital located in Seocho-gu Seoul Metropolitan Government, from his house near the Scoo basin to the discharge station.

(hereinafter referred to as “the instant accident”). C.

The Plaintiff was diagnosed in the instant accident with the dunes of the closure of the front body of the front body of the Republic of Korea and the dunes of the left dunes, and was hospitalized in the Central University Hospital, and was discharged on December 30, 199.

The defendant F was Girs in the third grade of the I Middle School in Gangnam-gu Seoul at the time of the accident.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 2, 3, 6, Eul evidence Nos. 1, 2, 4, 6, 13, the purport of the whole pleadings]

2. Judgment on the parties’ assertion

A. The plaintiff's assertion is only the name of the scooter itself, and the actual ownership is F, and the plaintiff's request is broken down.

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