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(영문) 울산지방법원 2016.08.24 2016가단3859
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 16, 2013, the Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) with the Defendant as specified in the attached Table No. 2 of the attached Table No. 2 (hereinafter “instant insurance contract”). The main content of the Plaintiff’s terms and conditions applicable to the instant insurance contract is as follows:

Article 1(Types and Grounds for Payment of Insurance Money) If the Insured (Persons Subject to Insurance) causes any injury to another person (excluding parents, spouses, and children of the insured (Persons Subject to Insurance) due to an accident during the period of insurance of this Special Terms and Conditions during driving of the motor vehicles during the period of insurance, the Insurers shall pay the amount of money paid by the Insured (Persons Subject to Insurance) as criminal agreement for each accident (hereinafter referred to as "criminal agreement") to the Insured (Persons Subject to Insurance) as insurance money to the extent of the following amount per victim:

(hereinafter referred to as the "Special Terms and Conditions" and "The insurance period of this Special Terms and Conditions" shall be referred to as the "Insurance Period". In the event of the death of a victim due to an accident in the course of driving a motor vehicle, Article 2 (Definition of Motor Vehicle Driving, etc.) (1) of the Criminal Agreement (Definition of Motor Vehicle Driving, etc.) refers to the condition that the insured (person insured) is in a state of operating or capable of operating the Hand, regardless of whether the motor vehicle is on a road, whether the motor vehicle stops or not, and whether the engine is operating.

(2) The term "automobile" in paragraph (1) means any of the following subparagraphs:

2. The payment of insurance proceeds under Article 4 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (hereinafter referred to as "six-class construction machinery") shall be made to dump trucks, sump trucks, stump mixing equipment, concrete pumps for truck loading, concrete pumps for truck loading, asphalt spraying machine for truck loading, and stump cutting machine for typ trucks under Article 2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act;

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