beta
(영문) 서울남부지방법원 2018.11.29 2018가단214924

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a comprehensive motor vehicle insurance contract with Nonparty C with respect to the non-party D vehicles, and entered into a special agreement under which C’s father E shall pay the amount of damages in the event of the non-life-free vehicle (hereinafter “the instant non-life-free vehicle insurance special agreement”).

B. The Defendant is an insurer who entered into an integrated automobile insurance contract (hereinafter “Defendant insurance contract”) with F as the named insured (insured) with respect to G trucks owned by Nonparty F (hereinafter “Defendant vehicle”). Article 8(1)8 of Part II of the Clause 1 of the Defendant Insurance Contract provides that “The damage caused by an accident that occurred when the insured was driving without a license or when the driver of the insured vehicle was driving without a license under the explicit and implied approval of the registered insured” (hereinafter “Defendant Non-Party Non-Party F’s Non-Party 2’s non-Party 2”).

C. Around 11:40 on June 1, 2016, Nonparty H, the husband of F, committed a collision with pedestrian E by neglecting the duty of front-time care while driving the Defendant’s vehicle in front of the I Center for Senior Citizens in the Southern City without a driver’s license, and neglecting the duty of front-time care.

(hereinafter “instant accident”). D.

By March 22, 2018, the Plaintiff paid KRW 161,838,580 in total, including E’s medical expenses, to C by March 22, 2018 in accordance with the instant non-insurance coverage agreement, and received KRW 25,00,000 from the Defendant for liability insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 8, Eul evidence Nos. 1 and 8, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted that the accident in this case occurred due to the negligence of the driver of the defendant's vehicle, and the defendant also pays the personal damage insurance amount exceeding the liability insurance amount to E, and the defendant also pays it.