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(영문) 서울중앙지방법원 2014.09.26 2014나30093

부당이득금 반환

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On June 20, 201, the Plaintiff is an insurer who entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to D vehicles owned by C (hereinafter “Plaintiff”) with the name of the insured and with the insurance period from June 20, 201 to June 20, 2012. The Plaintiff is an insurer who entered into a limited special agreement (Provided, That this shall not apply to personal compensation) for one registered insured (hereinafter “instant insurance contract”).

B. Of the terms and conditions applicable to personal compensation I of the instant insurance contract (hereinafter “instant terms and conditions”) the part relating to the instant case is as follows.

In Ⅰ, an insurance company shall compensate for any loss suffered by the insured from being liable for damage pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act (hereinafter referred to as the "Act") due to the death or injury of another person caused by the operation of the insured motor vehicle.

In the personal compensation I, the insured means a person who falls under any one of the registered insured, the relative insured, the consented insured, the insured, the user insured, or the driver insured, and in addition to the above insured, if there is a person who is a motor vehicle owner under the law of the ship, that person shall be considered as the insured person I

C. The Defendant is an insurer who entered into a comprehensive automobile insurance contract (including a special agreement on accident insurance for non-insurance vehicles) with respect to the vehicle E (hereinafter “Defendant vehicle”).

C On January 24, 2012, while under the influence of alcohol not less than 0.05% of without a license and blood alcohol content, C driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle into interesting from the Daegu to the north-gu Incheon Metropolitan City as only in the north-gu Incheon Metropolitan City, and caused an accident (hereinafter “instant accident”) in which the left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-oned-hand-hand-hand-

E. The defendant, based on the non-life insurance contract for the defendant vehicle A, shall raise objection to A.