beta
(영문) 전주지방법원 2017.07.19 2016나10653

구상금

Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract (hereinafter “instant insurance contract”) with the driver with respect to the vehicle C owned by the Selection B and the Selection B (hereinafter “instant vehicle”). The Plaintiff is the husband of the Selection B. The Defendant is the husband of the Selection B.

B. On March 20, 2016, the Defendant, at around 21:00, driven the instant vehicle without a license, and led to the impact of D vehicles parked therein (hereinafter “instant damaged vehicles”) on the part of the Eup/Myeon in the Northwest-gun, North Korea.

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

The Plaintiff, as an insurer of the instant insurance contract on April 15, 2016, paid KRW 1,027,000 as the repair cost of the instant damaged vehicle due to the instant accident.

The relevant provisions applicable to this case are as stated in the relevant provisions, and the terms and conditions of the insurance contract of this case have the same provisions as those of the above relevant provisions as follows:

Article 11 (Charge for Accident Related to Driving or Unlicensed Driving) ① In the event that the insured person himself/herself pays the insurance proceeds under the Personal Compensation I and II or the Personal Compensation II due to an accident that occurs while driving under influence of alcohol, driving without a license, or driving without a license under the explicit or implied approval of the insured person, the insured shall pay the following accident charges to the insurance company:

2. Charges for Unlicensed Driving Accidents: Three million won for the Large Compensation per accident, one million won for the Large Compensation, and one million won for the Large Compensation Act.

Provided, That where the insured has unpaid the accident charges due to economic reasons, etc., the insurance company shall pay such accident charges to the victim.