beta
(영문) 서울중앙지방법원 2020.03.05 2018가단5096064

부당이득금

Text

1. The Plaintiff:

A. Defendant B is KRW 138,148,471 and annual 5% from January 25, 2018 to March 5, 2020.

Reasons

1. Facts of recognition;

A. The insurance contract of this case 1) Non-party E (hereinafter “the deceased”).

A) On November 15, 2013, between the Plaintiff and the Plaintiff, Defendant B, the spouse of which is the Defendant B, as the named insured and the Defendant B’s F M&A (hereinafter “instant passenger car”).

(G) “G” contract (hereinafter referred to as “instant insurance contract”) with respect to

(2) The instant insurance contract includes a special clause on motor vehicle injury compensation which compensates the insured for losses incurred due to an insured motor vehicle accident that occurred while the insured owns, uses, and manages the insured motor vehicle, and the said special clause stipulates that the insured is "the insured who falls under Section 7 (insured) of the General Terms and Conditions in relation to the scope of the insured" (Article 3), and the common clause provides for the insured as follows:

Article 7 (insured) of the General Terms and Conditions, Section 2 and Section 1 of the General Terms and Conditions, mean any of the following persons:

1. Insured insured persons;

2. Relatives insured;

3. The Insured.

However, if a motor vehicle operator uses or manages an insured motor vehicle entrusted in the course of its business, it shall not be deemed the insured.

4. Insured employees.

5. An insured driver;

However, if a motor vehicle manager uses or manages an insured motor vehicle entrusted for business, it shall not be deemed an insured person.

Article 1 (Definition of Terms) The definitions of terms used in this Clause shall be as follows:

13.The person entitled to file a claim for compensation with the insured insurance company who falls under any of the following, and the specific scope of the insured shall be at the risk of complying with their respective guaranteed issues:

A registered insured person: A policyholder shall be designated from among those who own, use, and manage an insured motor vehicle and shall be the insured mentioned in the name of the insured in the insurance policy.

(b).