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(영문) 수원지방법원성남지원 2013.11.28 2011가단47267
채무부존재확인
Text

1. With respect to traffic accidents occurring on the national highways No. 3 of Yanpo-Eup in Gwangju-si on June 11, 2010:

Reasons

1. Basic facts

A. The Defendant entered into each of the insurance contracts listed in the separate sheet (hereinafter “each of the insurance contracts of this case”) with the Plaintiff. According to each of the insurance contracts of this case, where the injury, death, or disability of the insured occurs due to an accident or traffic accident, the insurance money is paid to the Defendant according to the terms and conditions.

B. On June 11, 2010, at around 14:00, the Defendant moved to the top line of Nonparty 2’s car car C, and proceeded with one national highway No. 3 located in the Yang Plue Eup in Gwangju-si. However, Nonparty D driving’s E-mail-ray car driving, who proceeded with two lanes, changed the two lanes into one lane, and caused an accident (hereinafter “instant accident”).

C. On June 1, 2012, the succeeding intervenor acquired the Plaintiff’s status under all insurance contracts including each of the instant insurance contracts from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Eul evidence 1-1-2, Eul evidence 17-2, the purport of the whole pleadings

2. The defendant's assertion and judgment

A. The defendant's assertion that the accident of this case occurred with injury to the right shoulder and the upper net wave, and due to which the restriction on exercise of the right shoulder section remains, so the successor intervenor is obliged to pay the defendant the insurance proceeds of the subsequent disability under the terms and conditions of each insurance contract of this case.

B. The judgment of the court below is based on the following circumstances acknowledged by the overall purport of the statements and arguments in Gap evidence Nos. 2 and 3, Eul evidence Nos. 1, and Eul evidence as to whether the defendant suffered from the accident of this case that caused the harm to the right line, namely, the defendant suffered from the injury to the right line, even around Nov. 7, 2009, which is about eight months before the date of the accident of this case, even around Nov. 7, 2009, and the accident of this case ② while the vehicle of this case changed the lane, the defendant boarded the vehicle of this case.

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