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(영문) 인천지방법원 2020.04.23 2019나63709

보험금지급채무존재확인청구

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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

1..

Reasons

1. Facts of recognition;

A. On December 2017, the Plaintiff entered into an automobile insurance contract with the Defendant, which includes a special agreement on vehicle driving security (hereinafter “instant special agreement”) with respect to the EK7 car owned by the Plaintiff from December 28, 2017 to December 28, 2018.

B. On March 17, 2018, the Plaintiff driven a c bargaining car owned by F (hereinafter “instant vehicle”) and caused an accident that shocks pedestrians (hereinafter “instant accident”) while driving on a road near the Jeju Jeju Jeju Dok-dong Dokdong-dong Dokdong-dong Dokdong-dong Dokdong-dong.

1. The subject-matter of this Special Clause is automatically applied to the Insured by Non-Insurance Vehicles.

2. (1) An insurance company (hereinafter referred to as the “company”) shall indemnify the insured or his/her spouse when the insured or his/her spouse suffers from any loss caused by an accident that occurs while driving another motor vehicle (excluding parking or stopping; hereinafter the same shall apply).

3. The term "other automobiles" in this special terms and conditions refers to the automobiles which are the same type as the insured by a private car (for the general multiple cars, for the third-class and fourth-class trucks, for the same type of motor vehicles):

(1) The insured and his/her parents, spouse, or children are not automobiles ordinarily owned or used by them. (2) In the event that an insured person replaces a motor vehicle, the company shall not compensate for the following damages, in addition to the matters provided for in Articles 8 (Non-Compensation for Damages) and 14 (Non-Compensation for Damages) of the General Terms and Conditions from the time of occurrence to the time of approval under Article 49 (Replacement of Insured Motor Vehicle) of the General Terms and Conditions

(1) When the registered insured or his spouse is engaged in the business of the employer, any motor vehicle owned by the employer.