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(영문) 창원지방법원 진주지원 2018.05.15 2016가단35693
채무부존재확인
Text

1. In relation to the insured events described in paragraph 1 of the attached list, entry of the insurance contract in paragraph 2 of the same list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff entered into an insurance contract with D on November 28, 2014 (hereinafter “instant vehicle”) between D and D on November 28, 2014

(D) The automobile insurance contract with respect to the insured status D and the insurance period from November 28, 2014 to November 28, 2015 (hereinafter “instant insurance contract”).

(2) The main contents of the terms and conditions related to the payment of insurance money (hereinafter “instant insurance terms and conditions”) in the instant insurance contract are as follows.

Section I, Article 3 (Compensation for Damages) of the Personal Compensation I (Compensation for Damages), an insurance company shall compensate for damages sustained by the insured as a result of the insured's death or injury of another person due to the operation of the insured motor vehicle under Article 3 of the Guarantee of Automobile Accident Compensation Act.

Section 2 and Article 8 (Non-Compensation for Damages) Section 2 of the Personal Compensation Act and Article 8 (Non-Compensation for Damages) (2) of the Personal Compensation Act shall not apply where any of the following persons dies or is injured:

3. Where an insured motor vehicle is used for an employer's business, another employee who is engaged in such employer's business and is entitled to receive accident compensation under the Industrial Accident Compensation Insurance Act: Provided, That if the damage suffered by the insured exceeds the scope of compensation under the same Act, the excess damage compensation shall be paid.

3) Meanwhile, according to Article 3 of the former Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (amended by Presidential Decree No. 25940, Dec. 30, 2014), the maximum amount of liability insurance per victim when the victim dies pursuant to Article 3(1)1 of the said Enforcement Decree, the maximum amount of liability insurance per victim is KRW 100 million (Provided, That where the amount of damage is less than 20 million, 20 million won). (B) D and the deceased on August 21, 2015.

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