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(영문) 서울중앙지방법원 2016.03.11 2015가단5053615

손해배상(자)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A is a person who runs the sales and repair business of Oralba in the trade name of "C" and is a registered name of MaVaio Lone Star.

Plaintiff

B (Representative Director: D) is a corporation, the main business of which is Oral Ba, Tkiki export and import, etc., which is owned by two T848 Oral Ba as of March 10, 2013.

B. The defendant shall be the insurer who entered into an automobile insurance contract with E for the F vehicle in its possession.

C. At around 23:00 on March 10, 2013, E took a F vehicle at the front parking lot of the member G of the Dong-gu, Ansan-si, Ansan-si, and caused an accident that led to the said MVaki, which led to the said MVaki to go beyond the left-hand side and parked next to it, and the said Y848 Oraki, which was parked next to it.

Plaintiff

D, the representative director of A and Plaintiff B, is a form of punishment, and all the children of E, the driver of the accident vehicle.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4

2. The parties' assertion and judgment

A. The Plaintiffs, as the victims of the instant accident, exercise the direct right to claim insurance proceeds against the Defendant, who is the insurer of the F vehicle, as the victim of the instant accident.

Accordingly, the defendant asserts that the exemption clause of the insurance contract of this case is applied to all damages claimed by the plaintiffs, which are damages arising from the property owned, used or managed by the insured's children.

As to this, Plaintiff A left the place of accident to deliver the next day after receiving a part of the purchase price, although he is a registered titleholder of MaVagu Lone Star, he argues that it is not a property owned by the insured’s child.

Plaintiff

B asserts that the Orabab in this case is not a property owned, used or managed by D, the representative director of the Plaintiff Company, as a business vehicle for the Plaintiff Company.

B. Determination 1 on the issue is governed by the evidence No. 2.