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(영문) 서울북부지방법원 2013.12.17 2013나988
채무부존재확인
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. With the Defendant’s wife D, the Plaintiff entered into an automobile insurance contract with the Defendant’s wife (hereinafter “instant insurance contract”) that covers the Defendant’s insurance period from July 3, 201 to July 3, 2012 with respect to the instant vehicle (hereinafter “instant vehicle”) to cover personal injury I, personal injury II, personal injury, personal injury, self-physical accident, etc. (hereinafter “instant insurance contract”).

B. As to the general terms and conditions of the instant insurance contract’s liability for personal compensation II, the term “damage incurred when an insured motor vehicle repeatedly uses or leases an insured motor vehicle for the purpose of fare or consideration where it is a passenger car or passenger car (b)” is defined as non-compensation exemption clause (hereinafter “compensation exemption clause”).

C. On November 25, 201, during the term of the instant insurance contract, D added “a special agreement for oil transport to which the insurance is applied,” but terminated the said special agreement on June 19, 201.

The Defendant had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had

E. However, on June 25, 2012, the Defendant caused an accident of shocking C’s children crossing the road in front of the 116-dong, Dobong-gu, Dobong-gu, Seoul, by driving the instant vehicle and leaving English kindergarten students at around 14:50 (hereinafter “instant accident”).

[Ground for Recognition: Facts that there is no dispute between the parties; entries in Gap evidence 1 through 6; the purport of the whole pleadings]

2. The parties' assertion and judgment

A. (1) The Plaintiff asserts that the instant accident is an insurable automobile for the purpose of compensation by the Defendant.

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