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(영문) 서울남부지방법원 2015.01.15 2012가단206228
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 or around March 14, 2012, the Plaintiff is an insurer that entered into an automobile insurance contract (hereinafter “instant vehicle insurance contract”) with Defendant A as indicated in attached Table 2 with respect to a registered insured vehicle for Catone Star 12 passengers (hereinafter “instant vehicle”).

B. The instant vehicle insurance contract provides that ① Personal Compensation I, ② Personal Compensation II, ③ Personal Compensation, ④ Personal bodily Accidents, ⑤ Non-Insurance Injury, and vi) Personal Vehicle Compensation.

C. Defendant A delivered the instant vehicle to Nonparty D, who is his wife, with the consent to use the instant vehicle, and D again delivered the instant vehicle to Defendant B for his use. Defendant B, at around 08:40 on May 4, 2012, sent four tourists (E, F, G, and H) at the Jeju Country provision port of Jeju, and brought them into the J golf course of the I at the Jeju city, resulting in an accident that causes the occurrence of the instant vehicle in the vicinity of the interlock which caused the loss of the ability to drive, resulting in the sudden low blood dystrophism in the vicinity of the interlater while driving the instant vehicle.

(hereinafter referred to as “instant accident”). D. The details of the traffic accident listed in the attached Table No. 1 are as follows.

The terms and conditions of the automobile insurance contract of this case are as follows.

Matters not compensated by an insurance company (Exemption Matters) (hereinafter referred to as “instant Exemption Clause”) with the following content for convenience:

1. General exemption items (2) Ⅱ, in case the insured automobile is a passenger car or passenger car (b) Ⅱ, damages arising from the use or lease of the insured automobile repeatedly for the purpose of charges or fees. (3) In case the insured automobile is an automobile or passenger car (b) In case the insured automobile is an automobile or passenger car), damages arising from the use or lease of the insured automobile repeatedly for the purpose of charges or fees.

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