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(영문) 서울서부지방법원 2015.01.22 2014나31558
채무부존재확인
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. As to the I vehicle owned by H and Defendant A (hereinafter referred to as the “accidented vehicle”), the insured person shall be the Defendant A and the insurance period shall be from June 23, 2012 to June 23, 2013.

2. The automobile insurance contract of this case (hereinafter referred to as the “instant insurance contract”) was entered into for business purpose.

B. According to the insurance contract in this case, an insurance company compensates the insured for the loss sustained by the insured from removing or damaging other's property due to an accident of an insured motor vehicle which occurred during the possession, use, or management of the insured motor vehicle, and the insured entitled to claim compensation from the insurance company shall be entitled to claim compensation from the insured as stipulated in the insurance policy, a relative who is using or managing the insured motor vehicle as such (the insured), a person who is in the process of using or managing the insured motor vehicle with the consent of the registered insured (the insured), a person who is in the process of using or managing the insured motor vehicle with the consent of the registered insured (the insured), a person who is in the process of driving the insured motor vehicle for each of the above insured, and a person who is in the process of operating the insured motor vehicle for each of the above insured, but is exempt from the liability to pay insurance money with respect to the loss arising from the insured's property owned, used, or managed by the insured's employer when the insured is engaged in his/her business (hereinafter referred to as this case's exemption clause).

Defendant A, the owner of the instant accident vehicle, is engaged in the E-wheeled Motor Vehicle Business in Dongdaemun-gu Seoul, and the parking place is narrow so that Defendant A, the owner of the instant accident vehicle, has been kept in K for a long time before two years prior to the instant accident vehicle, which is operated by Defendant C and D couple, to the “K” located in the Nam-siJ, Nam-si.

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