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(영문) 대전지방법원 2020.07.08 2019가단137348

구상금

Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from May 1, 2017 to July 8, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 3, 2012, C entered into a D insurance contract (from July 3, 2012 to July 3, 2046) with the Defendant. The instant insurance contract includes the guarantee of household life liability (the insurance amount is KRW 100 million) and the main contents of the D/C special terms and conditions related to the instant case’s household life liability (hereinafter “instant special terms and conditions”) are as follows.

Article 1 (Compensation for Loss) The Company shall compensate for the loss sustained by the insured (Subject-matter) pursuant to this Special Terms and Conditions by bearing legal liability for any physical disability of others or by bearing legal liability for any loss of others' property, due to the accidents listed below during the insurance period of this Special Terms and Conditions:

2.The scope of the insured under Article 2 (Scope of the Insured) of the Insured’s daily life (other than ownership, use, and management of real estate than a house) refers to:

1. The insured person himself entered in the insurance policy;

2. The spouse of the insured;

3. A person who lives together with the insured or his spouse, and a relative living together with him on the resident registration of a house recorded in an insurance policy;

4. The scope of damages to be covered by a company under Article 3 (Detailed Provisions on Payment of Insurance Money) of unmarried Children whose Livelihood is separate from the insured person or his spouse shall be as follows:

1. Article 4 (Reasons for Not Payment of Insurance Money); 17. Liability to compensate for losses incurred by the possession, use, or management of aircraft, ships, vehicles, or firearms;

B. On June 12, 2014, at around 02:34, 201, E (F) who is a minor of C, left the intersection without a signal, etc. prior to the opening point of the H association located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, with the surface of the North Korean residents center located in I apartment from the I apartment bank to the numberless off (hereinafter “Defendant Ortoba”) without a driver’s license.