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(영문) 서울중앙지방법원 2018.11.14 2017나84176

구상금

Text

1. The part against the defendant in the judgment of the first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

(a)in the case of management, do not be considered as the insured;

4. Insured employees.

5. An insured driver;

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.

*운전자연령 만21세이상 한정운전 특별약관

2. Non-compensation (1) The Company shall not pay insurance proceeds in respect of any accident that occurs while a person under 21 years of age under this special terms and conditions has driven an insured automobile.

(2) Notwithstanding the above provisions, the Company shall pay insurance proceeds for any of the following losses:

3. Damage (*1) to be compensated in Section 2 of the General Terms and Conditions for the Damage Caused by Accidents of Insured Motor Vehicles that occurred while an automobile dealer who has registered his/her business in accordance with the relevant Acts and subordinate statutes uses or manages the Insured Motor Vehicles entrusted for his/her business, in addition to the amount provided for in Article 5 of the Guarantee of Automobile Accident Compensation Act and Article 3 of the Enforcement Decree of the same Act.

(*1) Only if the insured is legally liable for the use and management of a motor vehicle dealer.

According to the above facts, Defendant B, a substitute driver, is an insured person of the Plaintiff’s insurance contract only when there is a legal liability for damages against G as a substitute driver with respect to his use and management. However, there is no proof as to the fact that there is a cause attributable to G, such as negligence, etc. with respect to the use and management of Defendant B. Thus, Defendant B does not constitute the insured person of the Plaintiff’s insurance contract of this case.

(b).