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(영문) 제주지방법원 2014.05.23 2013가단32870
채무부존재확인
Text

1. In relation to the traffic accidents listed in the separate sheet, the Plaintiff’s securities number for Au Drivers Insurance Contract to the Defendant.

Reasons

1. Basic facts

A. On October 2, 2008, the Plaintiff concluded a driver insurance contract (hereinafter “instant insurance contract”) with the following content, setting the insurance period from October 2, 2008 to October 2, 201.

Securities No. B Insurance Period: From October 2, 2008 to October 16, 2011, the insured from October 2, 2000 to October 2, 201: the content of the insured by the Defendant and Nonparty C: KRW 100,000,000,000,000,000,000 per day of transport injury and hospitalization (other details omitted)

B. The defendant, on December 15, 2008, cross-section 2 lanes in front of E in Jeju City D without permission on December 15, 2008.

In the event of an accident that is faced by Nonparty F's driver's vehicle (hereinafter "the accident of this case"), the accident occurred, which led to the Defendant's injury, such as brain ties, thropical dulle, acute bropical salves, and acute salves.

C. On December 15, 2008, the Defendant: (a) issued a written diagnosis of disability in the G Hospital on September 28, 2010 that the remaining disability pursuant to the “ADLs” (ADLs); and (b) filed a claim for insurance proceeds against the Plaintiff; (c) on December 1, 2010, the Plaintiff paid the Defendant KRW 46,600,000 as insurance proceeds, totaling KRW 38,000,000, medical room expenses, KRW 5,000,000, and KRW 3,600,000 as the admission fees, and KRW 46,60,000,00 as the insurance proceeds.

On December 28, 2010, the Defendant claimed additional disability insurance money against the Plaintiff’s opinion on “defensive amount”, and the Plaintiff additionally paid KRW 5,00,000,000 to the subsequent disability insurance money.

E. On July 24, 2013, the Defendant issued a medical certificate to the effect that the remaining disability reaches 90% at the Jeju Welfare Hospital Specializing in the Aged Welfare Center, which is a social welfare foundation. On August 1, 2013, the Defendant again filed a claim against the Plaintiff for insurance proceeds under the insurance contract of this case.

F. Meanwhile, the main contents of the instant general terms and conditions applicable in relation to the instant accident (hereinafter “instant terms and conditions”) are as follows.

Article 4 Time and time of guarantee of the Company.

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