손해배상(기)
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 13:
The Plaintiff is a person driving a private taxi vehicle B owned by the Plaintiff (hereinafter referred to as “Plaintiff”), and the Defendant is an insurer who entered into an automobile insurance contract with respect to the Plaintiff’s vehicle as the insured as specified in the following table.
The insurance period of KRW 1,44,130, Jan. 4, 2015, the insurance period of KRW 1,444,130, Jan. 4, 2016; the instant contract of KRW 2,300,90, Jan. 4, 2017; the instant contract of KRW 2,300,90, Jan. 4, 2017; the instant contract of KRW 3
B. On March 9, 2015, the Plaintiff: (a) driven the Plaintiff’s vehicle on March 18:58, 2015; (b) deemed D to cross the said road without permission while driving the first lane of the 4-lane road adjacent to the private road of Yeongdeungpo-gu Seoul Metropolitan City (hereinafter “instant road”).
D, however, was in line with the road of this case (hereinafter “the instant accident”), and as a result, D suffered injuries, such as the troke, pelvis, and elbow part of the elbow, tension, etc.
C. The Defendant determined that D was faced with the Plaintiff’s vehicle and the instant accident occurred, and paid insurance proceeds of KRW 2,168,600 in total of KRW 782,050, and the agreed amount of KRW 1,386,550 in order to compensate for damages incurred by D due to the instant accident.
2. The gist of the Plaintiff’s assertion D is not overcoming the Plaintiff’s vehicle, but overcoming the Plaintiff’s vehicle by reporting the Plaintiff’s vehicle.
In addition, since D was in the absence of permission at the time of the occurrence of the instant accident, there is no negligence on the occurrence of the instant accident to the Plaintiff.
Therefore, even though the defendant does not need to pay insurance money to D, the accident of this case is deemed to fall under the insurance accident stipulated in the first contract of this case, and the defendant has committed a mistake in paying insurance money.
The defendant's insurance premium is increased due to the above negligence in the business process.