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(영문) 청주지방법원 2014.04.23 2013가단15845
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 13, 2013, at around 17:50, the Defendant: (a) driven a C Poter Cargo Cargo (hereinafter “instant vehicle”); (b) driven a two-lane road for the D apartment in the Asia-si, Asan-si; (c) concealed the said vehicle that was driven by negligence; and (d) shocked the entrance doors of the iron stores located on the right side of the running direction; and (d) inflicted injury on the drivers and the passengers of the said vehicle; and (e) damaged the entrances, etc. of the said vehicle and the iron stores.

(hereinafter “instant accident”). (b)

(i) On July 11, 2012, the Plaintiff is an insurer who entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with the Defendant setting the insurance period from July 11, 2012 to July 11, 2013 with respect to the automobile owned by the Defendant.

The insurance contract of this case includes “a special contract for injury by an automobile without insurance,” and other special terms and conditions of automobile driving security (hereinafter “instant terms and conditions”) are automatically applied to the injured insured by an automobile without insurance.

D. The Clause of this case provides that "2. The content of compensation / [1] An insurance company shall be deemed to be an insured motor vehicle and compensate for another motor vehicle driven by the insured when the insured has suffered damage as a result of legal liability for damage due to a substitute or substitute accident that occurred while driving another motor vehicle."

3. In the non-compensation damages, the term “non-compensation damages caused by an accident during the operation of another motor vehicle (hereinafter “No.4) by the insured at a charge or at a charge (hereinafter “No.4”) and (5) The term “damage caused by an accident during the operation of another motor vehicle without the consent of a person who has a legitimate right for the use of another motor vehicle (hereinafter “no.4”)” is stipulated as an exemption from liability.

(hereinafter referred to as the above exemption clause is referred to as the “instant exemption clause.”

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