구상금
The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.
The grounds of appeal are examined.
1. As to the grounds of appeal on deduction of self-charges
A. The legal nature of the victim’s direct right to claim pursuant to Article 724(2) of the Commercial Act is that the insurer concurrently takes over the insured’s obligation to compensate for damages against the victim, and the victim is the right to claim damages against the insurer, not the insured’s right to claim damages against the insurer, but the right
(2) In light of the above legal principles, the insurer’s liability for damages incurred by the insurer upon the direct claim of the victim is based on an insurance contract, and thus, within the insurer’s liability limit pursuant to an insurance contract. Thus, if the insurance clause provides that the insurer shall deduct the self-paid amount from the insurance amount payable to the insurer, the insurer shall be liable for the direct payment to the victim for the amount that deducts the self-paid amount from the damages.
B. Review of the reasoning of the lower judgment and the record reveals the following facts.
1) Co-defendant B of the first instance trial on August 28, 2009 (hereinafter “instant insurance contract”) is a comprehensive insurance contract with the Defendant for non-distribution business.
The insurance contract of this case includes special terms and conditions for liability of the owner of the facility that guarantees the insured's legal liability by causing bodily injury to another person or causing damage to another person's property as a result of an unexpected accident that occurred in the course of performing his/her duties according to the use of the building of this case and the building of this case. The maximum amount of compensation is KRW 30 million per capita and KRW 300 million per accident. (2) Article 2 (1) of the special terms and conditions for liability of the owner of the facility (management) under the insurance contract of this case includes the amount of damages paid by the insured to the victim (No. 1) and the expenses or beneficial expenses paid by the insured for the prevention of damage (No. 2).