(영문) 대구지방법원 2015.04.21 2014가단56956

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(영문) 대구지방법원 2015.04.21 2014가단56956

채무부존재확인

Text

1. On December 7, 2014, by the vehicle B, due to an accident that occurred on December 7, 2014 by the vehicle B, set forth in the separate sheet of automobile insurance contract.

Reasons

1. Basic facts

A. The Plaintiff entered into an insurance contract with the Defendant and entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) as shown in the attached Form with respect to the instant vehicle B (hereinafter “instant vehicle”).

B. On December 7, 2014, the Defendant’s spouse, driving the instant vehicle, resulting in an accident that causes damage by shocking containers owned by the Defendant while driving the instant vehicle.

(hereinafter “instant accident”).

C. The Defendant claiming insurance money is seeking to the Plaintiff payment of KRW 4,650,000 for container repair cost with the insurance money for substitute property compensation based on the instant insurance contract.

The terms and conditions of the instant insurance contract concerning the property compensation liability (hereinafter “instant terms and conditions”) among the instant insurance contracts are as follows.

③ The details of compensation by issue are as follows, and detailed contents are stipulated in Part II Automobile Insurance.

1. Liability for compensation: Compensation for any loss sustained by the insured as a result of the automobile accident;

(c) Water liability - In the event of removal or damage of another person's property due to an automobile accident, Section 2 of Section 2 of Section 1 of Section 2 of Part 2 of the Compensation Liability for Damages and Section 6 of the Compensation for Personal Compensation for the Damages sustained by an insurance company as a result of removal or damage of another person's property due to an accident of an insured motor vehicle that occurred while the insured owns, uses and manages the insured motor vehicle.

Article 8 (Compensation for Non-Compensation) (3) No compensation shall be made for any of the following damages:

1. Damage (based on recognition) caused by the property owned, used, or managed by the insured or his/her parents, spouse, or his/her children, as well as the descriptions and images of evidence Nos. 1, 2, 3, and 4 and the purport of the whole pleadings;

2. To compensate for the property:

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