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(영문) 창원지방법원 2015.06.25 2014나31930 (1)
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer engaged in non-life insurance business, such as automobile comprehensive insurance. The Plaintiff is an insurer engaged in insurance business with respect to automobile comprehensive insurance. From May 23, 2011 to May 23, 2012, the insurance period of the Plaintiff is from May 23, 2011 to the insurance period, and a comprehensive insurance contract, including a special agreement guaranteeing injury by an insured automobile (hereinafter “instant insurance contract”).

A. The foregoing non-insured motor vehicle’s special agreement provides that the insured shall be compensated when the insured was injured by an accident that occurred due to an non-insured motor vehicle, and the scope of the insured is not only C, the insured, but also E, its children (hereinafter “the deceased”).

2) Meanwhile, the Plaintiff also entered into a comprehensive insurance contract with the LABD Co., Ltd. (hereinafter referred to as “the instant OAB”) with the LABD Co., Ltd., and the said contract explicitly and implicitly provides that the insured shall pay 2,000,000 won of the accident charge if the insurer pays liability insurance due to an accident occurred while the driver of the insured motor vehicle is driving without a license under the explicit and implied approval of the registered insured.

3) The Defendant: (a) leased, from the Liber Co., Ltd. Co., Ltd. to December 16, 201, from December 16:00 to December 16:00, 201; (b) the occurrence of the insurance accident occurred; (c) around December 8, 2011, the Defendant: (a) driven the Deceased without a license, and driven the instant Oralab, which was leased by the Defendant, onto the back end of the back of the instant accident; and (b) driven the instant accident, without a license, driven the Defendant’s driving of the instant Oralab, which was in the vicinity of the moving distance in the Chang-si, Chang-si, Chang-si, The Defendant caused an accident of shocking the central separation of steel located at the center of the road (hereinafter “instant accident”).

2) The Deceased died while receiving hospital treatment due to the instant accident. C. The Plaintiff paid the Plaintiff’s insurance money to non-insurance vehicles included in the instant insurance contract.

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