보험금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. With respect to the Plaintiff’s claim against the Defendant for respective insurance proceeds based on fine security, defense cost security, criminal agreement support security, cancellation compensation, and security for safe examination support based on an insurance contract, the first instance court accepted each claim for defense cost security, cancellation compensation, and security for safe examination support, and dismissed the remainder of claims.
In this regard, the defendant filed an appeal only on the part of the claim for the defense cost collateral insurance, and the plaintiff did not file an appeal or incidental appeal, so only the part of the claim for the defense cost collateral insurance belongs to the scope of the trial of the party.
2. Facts of recognition;
A. On September 4, 2009, the Plaintiff entered into a non-distribution-based comprehensive insurance contract with the Defendant, the insured, and the beneficiary as the Plaintiff, with the insurance period from September 4, 2009 to September 4, 2063.
83. Article 1 (Compensation for Loss) of the Special Terms and Conditions for Guarantee of Defense Expenses (Liability) ① The Company shall pay to the beneficiary the amount of insurance coverage of this Special Terms and Conditions (hereinafter referred to as “Special Terms and Conditions”) stated in the Insurance Policy (Insurance Policy) by the Insured (Subject to Insurance) as follows: “Special Terms and Conditions” and “this Special Terms and Conditions shall exclude physical assistance equipment such as the number, doubt, agenda, and doctor’s duty; hereinafter the same shall apply) which has been bound by a detention warrant by reason of the sudden and incidental motor vehicle accident which has occurred while driving a motor vehicle, and if prosecution (hereinafter referred to as “prosecution”) has been instituted, the Company shall pay to the beneficiary the amount of insurance coverage of the Special Terms and Conditions as defense expenses according to this Special Terms and Conditions.
B. The above insurance contract includes a special agreement on defense cost security with the purchase price of at least three million won, and the main contents of the special agreement on the above security are as follows:
C. However, the Plaintiff, while driving a B-car on April 24, 2014 at around 20:30 on April 24, 2014, concealed C-driving cars by negligence, thereby leading C and C.