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(영문) 서울중앙지방법원 2015.12.04 2015가합560764

손해배상

Text

1. The Defendant: (a) KRW 400,000,000, and 6% per annum from August 15, 2015 to December 4, 2015, respectively, to the Plaintiff.

Reasons

In fact, on July 27, 2013, C, the partner of B, entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with the Defendant, with the content of the automobile in the name of the Defendant as shown in the attached Form, with respect to the automobile for the use of Dunching D (hereinafter “instant vehicle”).

B, after completing the marriage report with the Plaintiff on February 25, 2009, she was designated as F and G, each E, a two-wheeled child, as a child, and on June 15, 2012, as F and G parental authority holders and custody holders.

B, around 16:20 on May 14, 2014, at the I kindergarten located in Sin-si H, F and G were loaded into the instant vehicle, and around 17:00 on the same day, the instant vehicle was driven into the sea at the port near the port located in Sin-si, Busan-si, Busan-si, and crashed the instant vehicle to the sea, and the B, F, and G was benefiting from the site.

(hereinafter “instant accident”. The term “the network F and the network G” refers to the network F and the network G that died of the instant accident. Of the terms and conditions of the instant insurance contract, the parts relating to the instant case are as follows.

The definitions of terms in Part I of the General Terms and Conditions for Private Use and the definitions of terms used in this Clause (Definition of Terms and Conditions) are as follows:

13. Insured: Any of the following persons eligible to file a claim for compensation with an insurance company; the specific scope of the insured shall be at the risk of complying with their respective coverage items:

A registered insured: A policyholder shall be designated from among those who own, use, and manage an insured motor vehicle and shall be the insured specified in the name of the insured column of the insurance policy.

(b) Family Insured: A person who uses or manages an insured motor vehicle as a relative to live or live together as the registered insured;

(c) the Insured shall use or manage the insured motor vehicle with the consent of the Insured.