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(영문) 서울중앙지방법원 2017.10.20 2016가단5240720
보험금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On January 12, 2015, the Plaintiff entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with the Defendant with respect to the instant golf vehicle with respect to the Plaintiff and the insurance period from January 12, 2015 to January 12, 2016.

B. Of the instant insurance contract, the content of other automobile driving security special terms and conditions (hereinafter “the instant special terms and conditions”) are as follows.

1. The subject-matter of this Special Clause is automatically applied at the time of subscription to an injury by an insurance without an insurance policy.

2. The content of compensation (1) An insurance company shall be deemed to be an insured motor vehicle under the terms and conditions as stipulated in Section II of the ordinary terms and conditions, property compensation, personal physical accident, automobile injury special terms and conditions, automobile injury insurance special terms and conditions, and special provisions governing the extension of coverage coverage amount of the large-scale insured motor vehicle, when the insured has suffered damage as a result of legal liability for damages due to a large-scale or substitute accident that occurred while driving another motor vehicle, or when the insured has suffered damage.

In this Special Terms and Conditions, the term “other automobiles” means any of the following private cars as the same kind of automobiles as the insured automobiles:

(1) a motor vehicle that is not a motor vehicle owned or used normally by an insured person and his or her parents, spouse or child;

C. On July 26, 2015, while under the influence of alcohol at around 06:40, the Plaintiff: (a) driven a rocketing vehicle (hereinafter “instant vehicle”); (b) proceeded with the road front of the Samsung-dong Samsung-dong Samsung Electronic R&D center in Seocho-gu Seoul, Seocho-gu, Seoul; (c) caused injury to Nonparty D, who was in a nearby wife, by shocking the security lights on the sidewalk while driving the vehicle at the right time; and (d) sustained an injury, such as a fall-out exit, in need of six weeks of treatment.

(hereinafter “instant accident.” The Plaintiff’s automobile is pro-friendly E (shares 99%) and her mother.

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