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(영문) 서울중앙지방법원 2016.10.05 2015가합581150
채무부존재확인
Text

1. The plaintiff is based on the insurance contract stated in the attached Table No. 2 concerning the insurance accident stated in the attached Table No. 1.

Reasons

1. Basic facts

A. 1) The Plaintiff is an insurance company with the purpose of concluding an automobile insurance contract and reinsurance contract, collecting insurance premiums under such contract, and paying insurance proceeds. The Defendant is an automobile insurance contract for personal use of LIG carriers (hereinafter “instant insurance contract”) between the Plaintiff and the Plaintiff on July 25, 2014, as shown in attached Table 2 (2).

(2) The terms and conditions of the instant insurance contract provide that “The insurer shall compensate for the loss incurred by the insured’s operation of the insured motor vehicle during the possession, use, and management of the insured motor vehicle” in the collateral part of the instant insurance contract.

B. On April 20, 2015, around 18:30, the Defendant filed a claim for insurance proceeds with the Plaintiff, asserting that, while the Defendant was parked as a parking space for India, the part of the driver’s seat in the front of the 80-ro, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government (hereinafter “instant accident”) by operating a B New franchise XG car owned by the Defendant on the roads of the 80-ro, Yeongdeungpo-do, Yeongdeungpo-gu, Seoul, Seoul, and parked as the parking space for India, the Defendant filed a claim against the Plaintiff for insurance proceeds.

C. Prior to the instant accident, the Defendant was hospitalized in C Hospital from July 27, 2012 to August 11, 2012, on the ground that he/she got over his/her shouldered to the left-hand shoulder, thereby having been diagnosed as the fresh and power line damage to the left-hand shoulder, and the left-hand shoulder salt and tension. (2) The Defendant was hospitalized in C Hospital from July 27, 2012 to August 25, 2012. (3) On September 25, 2012, 200, the Defendant was diagnosed as the fresh of the motor vehicle hand to the left-hand shoulder, and was hospitalized from D Hospital from September 27, 2012 to October 17, 2012, and each of them was hospitalized from D Hospital from September 20, 2012 to October 17, 2012.

3. On January 9, 2014, the defendant shouldered the left-hand shoulder by traffic accident, the left-hand shoulder, the upper-hand shoulder, the upper-class, the upper-class, the upper-class, and the upper-hand shoulder.

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