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(영문) 광주지방법원 2019.05.10 2018나56120

보험금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 9, 2013, C, the Plaintiff’s mother, entered into an “F” automobile insurance contract with respect to the Defendant and DPoter II (hereinafter “insured”), with the term of the Plaintiff’s father E, the Plaintiff’s father, and the term of the contract from September 9, 2013 to September 9, 2014 (hereinafter “instant automobile insurance contract”). The type of collateral under the said automobile insurance contract is personal injury I, personal injury II, personal injury, automobile injury (limited to KRW 100,000 per person), non-insurance injury, and self-motor vehicle damage.

B. The main contents of the automobile accident insurance clause of the instant automobile insurance contract are as follows.

Article 17 (Compensation for Loss) In the Automobile Injury Act, an insurance company shall be bound to compensate for any loss incurred when the insured dies or is injured due to an accident of an insured motor vehicle which occurred while the insured owns, uses, or manages the insured motor vehicle.

Article 18 (insured) (1) The scope of the insured person in the Automobile Injury Act shall be as follows:

1. The insured under Article 7, Section 7, the Personal Compensation II;

However, if the insured is a juristic person, the director and the auditor shall be named as the named insured.

2. Insurance money paid by the parents, spouses, and children of the insured under subparagraph 1 in an insurance company under Article 20 (Limit of Insurance Money) shall be limited to the amount of insurance coverage as stipulated in the insurance policy.

Article 21 (Calculation of Insurance Money to be Paid) (1) The Insurance Money to be paid for the Automobile Injury Act shall be calculated as follows:

Insurance money to be paid = Expenses actually damaged - deducted amount

1. The actual amount of damages shall not be calculated in accordance with the “Standards for Payment of Injury Insurance Money by Large Compensation, Injury by Motor Vehicles, and Uninsured Motor Vehicles”, and where a lawsuit is filed, the amount before applying comparative negligence and limit of compensation with the final and conclusive judgment amount;

3. The term “amount of deduction” refers to: