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(영문) 서울북부지방법원 2015.07.24 2015나3264
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The defendant bears the total costs of the lawsuit after the filing of the appeal.

purport, purport, and.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into an insurance contract, etc.) B between the Defendant’s wife D and the Defendant’s wife, and the Plaintiff is a B-owned vehicle (wing-in 111 cc., hereinafter “instant vehicle”).

As to the insured, from July 3, 201 to July 3, 2012, the term of the insured, from July 3, 2011 to July 3, 2012, a business automobile insurance contract covering the Defendant only as the Defendant, a personal injury II, a personal injury, a personal injury, a personal injury, etc. (hereinafter “the instant insurance contract”).

(2) The general terms and conditions of the instant insurance contract stipulate that the liability for personal compensation II is a non-compensation clause that does not cover the case of “damage incurred when an insured motor vehicle repeatedly uses or leases an insured motor vehicle for the purpose of charge or compensation where the insured motor vehicle is a passenger vehicle or a passenger bus (b)” (hereinafter referred to as “motor vehicle exemption clause”).

3) On November 25, 201, the term of the instant insurance contract, D added a special agreement for commercial transport covered by the insurance, and terminated the said special agreement for commercial transport on June 19, 2012. (B) The Defendant had been engaged in commercial transport for about about 17 years even before entering into the instant insurance contract. From April 24, 2012, the instant insurance contract was concluded, the Defendant was receiving KRW 90,000,000 per month from April 24, 2012, the English kindergarten students, etc. using the instant vehicle from April 24, 2012, and KRW 150,000 per month from other private teaching institutes’ private teaching institutes.

2) On June 25, 2012, the Defendant: (a) was driving the instant vehicle on and around 14:50 on June 25, 2012 and wanting English kindergarten students, which shocked C (4 years old) crossing the road around the 116-dong, Dobong-gu, Dobong-gu, Seoul (hereinafter “instant accident”).

(1) 【No dispute over the basis of recognition, Gap 1 through 6, Gap 8-1 and 2, and the purport of the whole pleadings.

2. According to the above-mentioned facts of determination as to the cause of the claim, the accident of this case aims at compensation by the defendant.

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