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(영문) 대전지방법원 2014.05.07 2013가단27913
채무부존재확인
Text

1. With respect to the accidents described in paragraph 1 of the attached list, the plaintiff under the insurance contract described in Paragraph 2 of the attached list.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with the Defendant for Brens vehicles owned by the Defendant (hereinafter “instant vehicles”).

B. At around 15:30 on January 5, 2013, the Defendant driving the instant vehicle and driving the instant vehicle into the front road in Seo-gu Daejeon, Seo-gu, Daejeon at the D room to Ucheon Elementary School, and the rear shooting of the instant vehicle, which was proceeding in the opposite direction, came to conflict.

(hereinafter referred to as the "accident of this case") / 1.3 Facts without dispute, as described in Gap 1, 4, and 5 (including virtual numbers) or the purport of the whole pleadings.

2. Determination

A. The plaintiff alleged that the defendant suffered from the accident of this case is merely a king certificate, and it is not due to the accident of this case. Thus, the plaintiff alleged that there is no liability to pay insurance money to the defendant and confirmed the absence of such liability.

In regard to this, the defendant asserts that, after shocking the accident of this case, medical expenses were incurred due to injuries such as injuries on the surface of the border and on both sides, etc.

B. We examine, after the Defendant’s assertion, whether the injury to the plane of the plane of the border and the plane of both sides is due to the instant accident, i.e., whether a proximate causal relationship exists between the instant accident and the injury of the Defendant’s assertion.

1) The Defendant had received 14 times medical treatment from the 201st day of December 7, 2012, the day before the instant accident, with respect to salt pans and tensions in the part where the detailed timber is unknown.

B) Since December 2008, the Defendant had been treated as salt ties and tensions, scams and tensions, scams, and tensions. C) The instant accident was an accident where scambling had come into contact. At the time of the instant accident, it was difficult to keep the speed due to the vehicle parked in front of the instant vehicle at the time of the instant accident. The running speed of the instant vehicle and other vehicles was less than 30km/h.

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