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(영문) 서울북부지방법원 2015.01.16 2014가단30961
채무부존재확인
Text

1. It does not exist that the Plaintiff’s obligation to pay insurance money to the Defendant based on the insurance contract indicated in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer of the insurance contract indicated in the attached list to which the Defendant joined as of July 24, 2007 (hereinafter “instant insurance contract”), and the Defendant is a person who operates the “C” located in Dobong-gu Seoul Metropolitan Government.

B. On July 24, 2007, the Plaintiff concluded the instant insurance contract with the Defendant with the content that, during the period from July 25, 2007 to July 25, 2010, the Defendant shall pay the Defendant the amount of damages to be borne by the Defendant in the event of an accident involving liability for damages against a third party at the above gas station, within the limit of KRW 30 million per accident.

C. Nonparty D is the owner of the E New Flad Passenger Vehicle, and on April 4, 2010, he requested the above passenger vehicle to pay it to the said passenger vehicle at the above gas station. On the other hand, the gas station, which is the diesel vehicle, supplied a rush oil to the said vehicle, and the water supply system of the said vehicle was damaged.

(hereinafter “instant mixed high school”). D.

D In the lawsuit filed against the Defendant for damages due to the instant congestion, the said court rendered a ruling that the Defendant would pay D 3,751,000 won and damages for delay on January 19, 201 (hereinafter “instant judgment”), and the said ruling became final and conclusive on March 23, 2011.

E. Around July 2014, the Defendant demanded the Plaintiff to pay the insurance proceeds equivalent to the instant judgment amount to the Plaintiff.

【Reasons for Recognition-Based Evidence Nos. 1 to 4】 The purport of the whole pleadings

2. In principle, barring special circumstances, such as where the standardized contract provides otherwise with regard to the occurrence price of a claim to claim the liability insurance, the extinctive prescription of a claim to claim the liability insurance is determined by the method of payment, approval, reconciliation, or judgment under Article 723(1) of the Commercial Act, and thus, the right to claim the insurance can be exercised.

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