부당이득금
The judgment below is reversed, and the case is remanded to the Seoul Central District Court.
The grounds of appeal are examined.
1. On the grounds as indicated in its reasoning, the lower court concluded each of the instant insurance contracts with the intent to treat each of the instant units of accidents, which are construction machinery to which the Guarantee of Automobile Accident Compensation Act (hereinafter “The Automobile Accident Compensation Act”) is not applicable between the policyholder and the Plaintiff at the time of entering into each of the instant insurance contracts, and, in particular, as to the accidents that occur while moving a vehicle to the same extent as the construction machinery to which the Automobile Accident Compensation Act applies, and to pay the liability insurance amount under Section I, and determined that the Plaintiff is liable to pay the Defendant the liability insurance amount under each of the instant insurance contracts, on the ground that such individual agreement takes precedence over each of the instant insurance contracts as indicated in the lower judgment.
2. However, the lower court’s determination is difficult to accept for the following reasons.
The judgment below
According to the reasoning and duly admitted evidence, the Plaintiff concluded each of the instant insurance contracts with SELS Line Co., Ltd., Master Timber Co., Ltd., and Ecognis Co., Ltd. (hereinafter “each of the instant policy holders”). The type of each of the instant vehicles in the contract table managed by the Plaintiff is indicated as “ta-type construction machinery,” “kym type,” “kym type,” “one hundred million won,” and “one hundred million won,” and ② Article 10 of the Insurance Terms and Conditions of the instant case refers to the mandatory insurance under the Automobile Loss Compensation Act, and anyone who owns a motor vehicle.
In addition, the personal compensation II may be admitted only to the case of joining the personal compensation I.
The term "in the specific content of compensation" is an insured motor vehicle caused by an insured motor vehicle accident that occurred while the insured owns, uses, or manages the insured motor vehicle.