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(영문) 부산지방법원 2019.10.23 2019가합44152

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D is a person who actually owns E Theme off Vehicles (hereinafter “instant Vehicles”), F is a son of D, and G is a F.

B. On March 24, 2016, G was driven by the instant vehicle on March 24, 2016, and transferred two lanes from the three-lane road in the direction of the Maamamambadong, Busan, to the 7-section area in the H apartment room. On the other hand, G was driven by the JA driver, who was driving the instant vehicle in the middle of the two-lane road along the median line, and was driven by the JA driver while driving the instant vehicle in the middle of the two-lane road along the median line.

(hereinafter referred to as “instant accident”). C.

I suffered from the instant accident such as shotma, impairment of less than salute, and salutical salute, etc., and K, which was on the said motorcycle, suffered from the injury of the salute of the salute, luminous activity, and salute of the salute.

D On September 9, 2015, the Plaintiff and the insured entered into an automobile insurance contract with the condition that the instant vehicle and the insured period were from September 17, 2015 to September 17, 2016, which provides for personal injury I, personal injury II, non-insurance injury, etc.

E. G, which caused the instant accident, concluded a personal automobile insurance contract with the Defendant and the insured as G and the insured, and Article 14 of the Terms and Conditions (hereinafter “instant Terms and Conditions”) provides that “When the insured suffered legal liability due to a personal accident or accident occurred while driving another motor vehicle, the insured shall be deemed as an insured motor vehicle under the general terms and conditions, and shall compensate by deeming the insured as an insured motor vehicle under the provisions such as personal compensationⅡ and personal physical accident, etc.” Meanwhile, Article 2 of the same Chapter provides that “the insured shall have a legitimate right to use another motor vehicle” and “the insured shall have a legitimate right to use it.”