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(영문) 창원지방법원 2018.01.25 2017나54163
채무부존재확인
Text

1. The part against the plaintiff (Counterclaim defendant) among the part concerning the counterclaim of the judgment of the court of first instance shall be revoked, and the revoked part shall be revoked.

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a claim in the first instance court to confirm that the Plaintiff’s insurance payment obligation against the Defendants under the insurance contract listed in attached Form 2 (2) of the same attached Table 1 (hereinafter “instant insurance contract”) with respect to an accident listed in attached Form 1(1) as the principal lawsuit does not exceed the liability insurance amount. The Defendants filed a claim in the second instance court to confirm that the Defendants’ insurance payment obligation against the Defendants did not exceed the liability insurance amount. The Defendants are the two insurance contract in the

The Defendants filed a claim to confirm that the Defendants’ claim for reimbursement against the Plaintiff does not exist, and filed a claim against the Plaintiff for the payment of damages under Article 102 of the Insurance Business Act or Article 756 of the Civil Act.

The judgment of the court of first instance cites the plaintiff's principal suit, the part of the defendants' counterclaim confirming the non-existence of the amount of indemnity obligation is dismissed, and only "Defendant A" is "Defendant A".

The part concerning the claim for damages was partially accepted, and the part concerning the claim for damages by Defendant B was dismissed.

As to this, the Plaintiff appealed on the counterclaim part of the judgment of the court of first instance. The Defendants appealed only on the counterclaim part among the judgment of the court of first instance, and do not dispute the part on the Plaintiff’s principal lawsuit. Thus, the subject of judgment of this court is limited to the part on

2. Basic facts

A. On January 1, 2016, the Plaintiff entered into the instant first insurance contract with Defendant A with the insurance period from January 1, 2016 to January 1, 2017, wherein the insured Defendant A and the insured vehicle using CK3 car owned by Defendant A (hereinafter “instant insured vehicle”). The said insurance contract entered into the instant first insurance contract with limited driving special terms and conditions at least 35 years old (hereinafter “limited driving special terms and conditions”).

The contents of the age-limited special agreement are as follows:

[5] Special terms and conditions of limited driving at least 35 years of age

1. An insurance company of the content of compensation (hereinafter “company”) shall be the company.

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