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(영문) 대구지방법원 2017.01.11 2016가단113372
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 6, 2014, the Plaintiff entered into an automobile insurance contract (hereinafter “instant insurance contract”) with the Defendant and one ton cargo vehicle B, B, C, and C, owned by the Defendant (hereinafter “instant insured vehicle”) as stated in attached Form 2.

According to the general terms and conditions of the instant insurance contract, in a case where “an employee of the insured with liability for compensation, who can receive accident compensation under the Industrial Accident Compensation Insurance Act” and “an insured employee who can receive accident compensation under the Industrial Accident Compensation Insurance Act as an employee engaged in an employer’s business where an insured employee is employed for the insured’s business, who is entitled to accident compensation under the Industrial Accident Compensation Insurance Act as an employee engaged in the relevant employer’s business, is dead or injured, the injury suffered by the insured shall not be compensated

(Article 8(2)2 and 3 of the instant Exemption Clause; hereinafter “instant Exemption Clause”). C, around 10:50 on March 3, 2015, driving an insured vehicle owned by the Defendant D and E, while driving the forest road in the forest land located in the Cheongdo-gun, Cheongbuk-do (hereinafter “instant forest land”) located in the Cheongdo-gun, Cheongbuk-do-do-si (hereinafter “instant forest land”), was turned off, and thus, C, D, and E was injured.

(hereinafter referred to as “instant company”). [Ground of recognition] A without dispute, entry of evidence Nos. 1 and 3, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion C, D, and E, as the defendant's employee, caused the accident of this case during the course of returning home to Korea, after conducting tree planting work and arranging warehouses, which are the defendant's business in the forest of this case operated and managed by the defendant. The above victims correspond to "the defendant's employee who is the insured and can receive accident compensation under the Industrial Accident Compensation Insurance Act" as stipulated in the terms and conditions of the exemption of this case, and therefore, the plaintiff is subject to personal compensation II according

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