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1. There is no obligation of the Plaintiff to pay damages to the Defendant regarding the traffic accident stated in the attached Form.
Reasons
1. Basic facts
A. On April 14, 2011, the Plaintiff is an insurer that entered into an automobile insurance contract with the Defendant and B multilateral vehicles (hereinafter “Defendant vehicle”).
B. On June 11, 201, at around 19:30, the Defendant driven the Defendant’s vehicle at the intersection where there is no front signal, etc. in Busan Shipping Daegu C, and caused an accident where Nonparty E was in contact with the front side of the FObab operated by Nonparty E and the right side of the Defendant’s vehicle (hereinafter “instant accident”), and at the time, the Defendant’s mother, the so-called “the deceased” (hereinafter “the deceased”).
C. The Deceased died on September 6, 2013, and the deceased’s inheritor is four children, including the deceased’s spouse and the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 4, the purport of the whole pleadings
2. According to the Plaintiff’s assertion, the Deceased suffered from the definites requiring a stable price for about three weeks, and accordingly, the Eastern Fire & Marine Insurance, which is the liability insurance company of Oralba, paid KRW 180,140 to the Deceased.
Then, around July 201, the Defendant claimed the Plaintiff for the insurance money that the Deceased was injured to the Haban Island and was caused by the injury to the Haban. On September 2013, the Deceased was in excess of once again and died, and the Plaintiff filed a claim for the re-insurance money.
However, there is no causation between the accident of this case and the injury or death of the deceased, and the defendant cannot claim insurance money against the plaintiff as the inheritor of the deceased.
(Preliminary, the Defendant’s right to claim the payment of insurance proceeds is two years, and the starting point of which is June 11, 201, and thus, the Defendant’s right to claim the payment of insurance proceeds expired by prescription). 3. In a lawsuit seeking confirmation of existence of an obligation, the Defendant, a creditor, bears the burden of proving and proving the facts that the Plaintiff, a debtor, denies the occurrence of an obligation by specifying the first claim.
Supreme Court Decision 199Do348 delivered on March 13, 1998