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(영문) 서울중앙지방법원 2018.11.20 2018나11830

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 May 31, 2016, D Co., Ltd. entered into a JA insurance contract (hereinafter “instant insurance contract”) with the Defendant regarding the amount of the Plaintiff-insured, the insurance premium 2,59,370 won from May 31, 2016 to May 31, 2017, as well as the amount of insurance coverage for self-vehicle damage, KRW 149,230,000, and KRW 26 years of age or older for limited driving by employees and employees, and paid KRW 2,59,370 to the Defendant on May 31, 2016.

B. Under the insurance clause of this case, the damage incurred by the insured while driving under the influence of alcohol is not compensated, and the driving under the influence of alcohol is defined as driving under the influence of alcohol (not less than 0.05% of blood alcohol level) under the Road Traffic Act.

C. From February 17, 2017 to February 23:05 of the same day, F, a director of the Plaintiff, served as a customer with 13 employees in Gcafeterias located in Songpa-gu Seoul, Songpa-gu, Seoul. At the time, 3 Maju and 29 Maju were consumed.

Since then, F and its employees moved to singing places above, and stayed in singing from February 18, 2017 to 01:20.

On February 18, 2017, from around 01:28 to 01:46 of the same day, the customer employee served as an agent for F’s mobile phone, and I driven the Plaintiff’s vehicle and arrived at the second basement parking lot of H apartment in Yangyang-si, the domicile of F on February 18, 2017.

I carried the F on several occasions after arrival, but the F did not occur, and the F took place on February 18, 2017, 02:29.

E. On February 18, 2017, approximately one hour after I am close from a locking around 03:29 on February 18, 2017, the following day, and after driving the Plaintiff’s vehicle from the locking to the first floor parking lot from the underground second floor, the F left the bend road to the right right of the road from among the roads going to the first floor parking lot from the underground second floor, and the Plaintiff’s vehicle faces a collision between the left wall and the reflectors.

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