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(영문) 대구지방법원 2016.10.20 2016가단106473
채무부존재확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that he concluded an insurance contract with the deceased with D driver, and on October 2, 2015, the deceased died because the sn beam on the right side of the deceased, which was loaded on the sn beam, was removed as the deceased, while the sn beam on the right side of the sn beam loaded on the sn beam at the sn beam’s new construction site was loaded on the sn beam on the sn beam.

The Defendants asserted that, as the inheritors of the Deceased, the Plaintiff is responsible for paying KRW 20 million for the traffic injury death benefit, KRW 500,000,000 for the automobile injury, KRW 820,000 for the day of transport injury, KRW 820,000 for the day of transport injury, and KRW 200,000 for the aggregate diagnosis. However, the deceased’s vehicle’s boarding is entirely boarding and unloading for loading and unloading work, not for traffic injury, and the above accident is an accident that occurred during the loading and unloading work for which the insurance money stipulated in Article 5

2. Determination

A. According to Gap evidence No. 3 of the terms and conditions applicable to an insurance contract between the plaintiff and the defendant, "transport injury" refers to ① collision with means of transport (including loading) while the insured does not board a means of transport during operation, or collision between them, contact, fire, explosion, etc.

In addition, the term "operation" under Article 2 subparagraph 2 of the Automobile Compensation Guarantee Act means the use or management of a motor vehicle according to its usage regardless of whether it carries persons or goods.

The plaintiff and the plaintiff.

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