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(영문) 서울중앙지방법원 2018.07.03 2017나54649
손해배상(자)
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On April 8, 2016, the fact-finding B concluded a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with the contractor B, the registered insured, the Plaintiff, and the insurance period from April 14, 2016 to April 14, 2017 with respect to the EMW320d vehicles leased by the Plaintiff from the Korea Social Services Korea Co., Ltd. (hereinafter “instant vehicle”). The said insurance contract included “limited driving agreement of 30 years of age or older”.

On October 1, 2016, the Plaintiff (FFs, at the time, 28 years of age) operated the instant vehicle on the road near the river in the Sinsan-dong, Sinsan-si, Sinsan-si, and caused an accident that shocks on the right side of the road. Accordingly, the instant vehicle was destroyed.

(hereinafter “instant accident”). On October 5, 2016, the Plaintiff claimed insurance money for self-motor vehicle damage to the Defendant, but the Defendant rejected the claim on the ground that the Defendant cannot pay the insurance money in violation of the “special agreement on limited driving over 30 years old,” which is the terms and conditions of the instant insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 11, 12, 14, and 15, the purport of the whole pleadings

2. The Plaintiff asserted that the Defendant did not properly explain the terms of the insurance contract at the time of the instant insurance contract, which is the content of the limited driving special agreement, and the scope of the insured thereby, and violated the duty to explain the important contents of the insurance contract as stipulated in the insurance contract.

Therefore, the defendant cannot claim that the special agreement for limited driving between 30 years of age and 30 years of age is the content of the insurance contract of this case. Thus, the defendant is obligated to pay the plaintiff the amount equivalent to 20,000,000 won of the repair cost of the vehicle due to the accident of this case.

3. Generally determined insurers and persons engaged in the conclusion or solicitation of insurance contracts shall be policyholders when concluding insurance contracts.

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