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(영문) 서울중앙지방법원 2017.01.13 2015가단5223339

손해배상(자)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B, around 17:40 on May 23, 2013, driving a C Malaysia (hereinafter referred to as “A”) and driving a softway below the rest area of the Jinsan-gun, Geumnam-gun, Geumsan-gun, G, and her knicked on the wind, leading up to the wind of the front.

(hereinafter “instant accident”). B.

The plaintiff who was on board a vehicle A suffered injuries, such as cage cage cages and scarkes, due to the accident of this case.

C. On January 22, 2013, the Plaintiff entered into a comprehensive motor vehicle insurance contract, including a non-life insurance agreement with the Defendant stating that, by using the Plaintiff as the insured, the insured, and the insured, the insured, and the insured, etc., compensate for any loss incurred by the death or injury caused by an accident caused by the non-life insurance (hereinafter “B”) up to KRW 200 million per person as stipulated in the terms and conditions.

A Vehicle shall be a non-insurance vehicle prescribed in the above terms and conditions.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the defendant concluded a comprehensive insurance contract with respect to B vehicles that caused the accident of this case, the defendant is liable for all damages suffered by the plaintiff due to the accident of this case.

In this regard, the defendant asserts that the plaintiff's claim is groundless or unlawful, since the defendant has agreed with the plaintiff on the right to claim insurance money based on the non-insurance injury guarantee agreement held by the plaintiff, it is not a B vehicle but a A vehicle.

B. As seen in the facts of the judgment, the vehicle causing the instant accident is A, and the Defendant is only the insurer who entered into an automobile insurance contract with the Plaintiff for the vehicle without any insurance coverage agreement, and the Defendant is the insurer of the vehicle A, which is the vehicle for the damage.