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(영문) 창원지방법원 2016.08.17 2016가단102385
채무부존재확인
Text

1. On June 2, 2013, an accident occurs in the course of the operation of a A motor vehicle at the vicinity of the entrance of Pyeongtaek-ri, Gyeongyang-si, west-si, west-si, west-si.

Reasons

1. The Defendant, as its owner, entered into an automobile insurance contract with the Plaintiff, an insurance business entity (the first trade name was “ELA Property Insurance Co., Ltd.”), from May 28, 2013 to May 28, 2014, with respect to the A fire pumps operated by the Stshion Fire Station (the first trade name was “LA”) on July 31, 2012, and entered into an automobile insurance contract with the Plaintiff, the insurer, if any damage was incurred due to an accident in the course of the operation of the said vehicle, and entered into the contract with the Plaintiff, as the insurer, to receive the insurance money agreed upon by the Plaintiff. At around 06:00 on June 2, 2013, the Cshock Fire Station affiliated with the Defendant, called the said vehicle and called the said vehicle for the control of pine trees re-ray, and supplied the said vehicle with a nearby strong water in the Korea Forest Service, and thus, there is no dispute between the parties to the said contract.

2. Judgment on the plaintiff's claim

A. The Plaintiff asserts that the Plaintiff’s obligation to pay the insurance money to the Defendant was extinguished by the statute of limitations. Thus, according to Article 62 of the Commercial Act (amended by Act No. 12397, Mar. 11, 2014) and Article 662 of the Commercial Act (amended by Act No. 12397, Mar. 11, 2014), the period of extinctive prescription of the right to claim insurance money due to the foregoing car accident is two years (the foregoing amended by Act No. 662 of the Commercial Act, effective March 12, 2015, and Articles 1 and 2 of the Addenda thereof, the period of extinctive prescription of the right to claim insurance is extended to three years, and the amended provisions of Article 62 shall apply to the case where the accident occurred after the enforcement date of the amended Act, but since the accident occurred before the enforcement date of the amended Act, the accident and the insurance contract of this case shall be interpreted as not applicable to the accident). The Defendant notified the Plaintiff of the fact on June 2, 2015, the accident.

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