구상금
1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.
1. Basic facts
A. 1) On January 27, 2012, the Defendant: (a) around 19:08, the Defendant is the Solarkman Co., Ltd. (hereinafter referred to as “ Solark”) on the road adjacent to Andong-si B, Andong-si.
2) The term “passenger car” as owned by the owner of the D-car (hereinafter referred to as “house of this case”).
)An accident that is followed by the rear part of a F-Motor vehicle driven by E while driving (hereinafter referred to as “instant traffic accident”).
2) Due to the instant traffic accident, E suffered from injury, such as brain surface, cerebral cerebral typhism, negoal pathy, negoal pathy, the left-hand gale, and the lavathal right-hand right-hand part of E and the instant car were destroyed.
3) At the time of the instant traffic accident, the Defendant was the age of 20 years. (B) At the time of the instant traffic accident, the Plaintiff was an insurance company that entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with the Solar with respect to the instant automobiles.
2) The instant insurance contract refers to “the instant special terms and conditions of limited driving between the age of driver and the age of 21” (hereinafter “instant special terms and conditions”).
(2) Notwithstanding the provisions of (1) above, if an insured motor vehicle is stolen, the insured motor vehicle shall not be paid for any damage incurred during the operation of the insured motor vehicle by a person under the age of 21 in accordance with this Special Terms and Conditions. (2) Notwithstanding the provisions of Articles 3, 6, 12, 130, 17, and 21 of the General Terms and Conditions due to the accident of the insured motor vehicle which occurred between the time of the theft and the time of the theft. Article 66 of the Special Terms and Conditions and Conditions and the provisions of this Special Terms and Conditions shall not apply to the personal compensation I.
C. Under the instant insurance contract, the Plaintiff is an insurance money for the instant traffic accident: ① KRW 64,622,00,000, including E’s medical expenses, from September 19, 2012 to September 30, 2013; ② the car driven by E on April 12, 2013.