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(영문) 광주고등법원 2015.02.17 2014나2630
채무부존재확인
Text

1. The judgment of the first instance court on the basis of the Plaintiff (Counterclaim Defendant)’s appeal shall be modified as follows:

Attached Form

Entry in the list.

Reasons

1. On July 31, 2012, the Plaintiff entered into an automobile insurance contract between the Defendant’s wife B (hereinafter “the deceased”) and the deceased’s wife on the Crops car owned by the deceased as the insured (hereinafter “instant insurance contract”).

The above insurance contract included the contents of the non-insurance accident security, and its main contents are as follows:

Ⅱ. Injury by an insured motor vehicle with coverage / [13] Indemnification

1. (i) When the insured dies or is injured by an accident that occurred by an uninsurance motor vehicle, and there is a person liable to compensate for any damage incurred therefrom, the insurance company shall indemnify for the damage in accordance with the terms and conditions of this contract; and

Luxembourg An insurance company shall pay the insurance money after deducting the amount of deduction from the aggregate amount of the "amount calculated according to the criteria for the payment of insurance money" and "expenses" of this standardized contract.

Insurance money to be paid = Expenses calculated according to the standard for the payment of insurance money - (1) The above "insurance money to be paid" is limited to the insurance amount entered in the insurance policy per person of the insured (200,000,000 won in this case).

② The above “expenses” refers to the following amounts:

This cost shall be compensated without relation to the insurance coverage amount. A.

Expenses incurred in the prevention and mitigation of losses;

B. The expenses paid for the preservation and exercise of the right to receive damages from South Korea (hereinafter “the deductible amount”) refers to the following amount:

The amount payable pursuant to the Grand Compensation I (including liability deductions and government assistance projects).

(b) An amount payable based on a self-physical accident or an injury to a motor vehicle: Provided, That in cases where the claim for the insurance money from a self-physical accident or an injury to a motor vehicle is waived, it

(c) can be paid under the personal compensation II or the mutual aid contract in which the person liable for damage has subscribed.

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