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(영문) 대구지방법원서부지원 2014.10.28 2013가단20360
채무부존재확인
Text

1. Insurance contracts by vehicles listed in the separate sheet with respect to an automobile accident on April 26, 2013.

Reasons

1. Basic facts

A. On August 15, 2012, the Plaintiff concluded an automobile insurance contract with the networkF for various non-life insurance business (hereinafter “instant automobile insurance contract”).

B. On April 26, 2013, the insurance period of the instant automobile insurance contract, around 14:25, F driven a vehicle listed in the separate sheet, and died on the spot, on the ground that: (a) the instant vehicle driven a 4-lane breadth of the wested Do of the west-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun, the front right side of the instant vehicle, without properly manipulating the steering gear from the front side to the front side; (b) the right side of the instant vehicle was placed into the front side, resulting in an accident that the instant vehicle was driven with 45 degrees on the legal side; and (c) the vehicle died on the spot.

(hereinafter “instant accident”). C.

The term “automobile injury-compensation” of the instant common terms of the automobile insurance contract provides that “The insurer shall compensate for the insured for the loss incurred by the insured due to an accident of the insured automobile occurring during the possession, use, and management of the insured automobile. The insurance proceeds paid by the insurer under the instant terms and conditions shall be limited to the amount of insurance coverage stipulated in the insurance policy, and the insurance proceeds paid by the insurer shall be the amount obtained by deducting the deducted amount from the aggregate of the amounts and expenses calculated according to the standard for the payment of the insurance proceeds of the terms and conditions.”

The beneficiary of the instant automobile insurance contract is the F’s legal heir, and the F’s heir is the Defendant A, the spouse, and the other Defendants are children.

After the death of F, the Defendants claimed the Plaintiff to pay KRW 100 million of the automobile accident insurance amount under the instant automobile insurance contract, but the Plaintiff did not pay it.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 to 4, and Eul evidence 8 (including each number; hereinafter the same shall apply), Gap evidence 1, and Eul evidence 6 and 17.

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