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(영문) 대구지방법원 2016.01.20 2015나13292
채무부존재확인
Text

1. Revocation of a judgment of the first instance;

2. In relation to the Defendant’s bodily injury that occurred on April 11, 2013, between the Plaintiff and B.

Reasons

1. Basic facts

A. On January 23, 2013, the Plaintiff entered into a contract with B with Smart Drivers Insurance 1204 (hereinafter “instant insurance”). The main contents of the instant insurance contract are as follows.

Insurance period: From January 23, 2013 to January 23, 2018, and from January 23, 2018, the insured with a maturity of five years: The content of the security of the defendant: The amount of disability after the traffic injury (3 to 100%) insured: 50,000,000 insurance money: Insurance money shall be paid if the insured has suffered physical disability due to the traffic injury of the driver during the insurance period specified in the insurance policy.

The term "motor vehicle accident that occurs while driving a motor vehicle" and "any sudden and contingency accident that occurs while boarding a motor vehicle in operation" and "any other means of transportation that occurs when boarding or boarding a motor vehicle in operation without driving a motor vehicle", etc.

(16.(1)(1), (2) of the General Terms and Conditions of the Insurance in this case: The insured shall not pay the insurance money for the reason that the cause for the payment of the insurance money occurs during the loading and unloading work, regardless of whether the cause is direct or indirect, or not, the insured shall not be deemed a traffic accident.

(3) 18.2.B. of the instant insurance terms and conditions.

On April 11, 2013, when an employee of the said company loaded 25 tons of cargo vehicles (hereinafter “instant vehicle”) that the Defendant driven by the Defendant at a 25-metric-gun D factory located in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant vehicle”), the accident that the Defendant fells on the ground as the vehicle was dissat down while carrying a cover cover on the vehicle’s loading box and the stringing it into the string (hereinafter “instant accident”) occurred, and the Defendant suffered injury, such as a decline in the left-hand section, the left-hand section, the left-hand section, and the string of the left-hand manager, and the Plaintiff claimed for the payment of the insurance proceeds from the instant insurance, based on the traffic injury.

[Ground for recognition] A.

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