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(영문) 수원지방법원 2021.03.25 2020나79608
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. Basic facts

A. The parties’ status and content of the insurance contract 1) The Plaintiff is an insurance company that entered into an automobile insurance contract (hereinafter “Plaintiff’s insurance contract”) with the insured Party E, which stipulated the F QM6 passenger car (hereinafter “victim”).

2) The Defendant is an insurance company that entered into an automobile insurance contract (hereinafter “Defendant’s insurance contract”) with G Co., Ltd. and H radar car (hereinafter “instant accident vehicle”) under which the insured automobile was insured as the insured automobile, and I is the driver of the instant accident vehicle.

3) The Defendant’s insurance contract includes 1, 2 and 6.2 of the terms and conditions of the contract, and Article 6.2 of the terms and conditions of the contract, “in compensation for the insured, an insurance company shall compensate for the loss caused by the insured’s removal of or damage to another’s property due to an insured automobile accident that occurred while the insured owns, uses, or manages the insured automobile.”

“.....”

B. Around 01:00 on October 2, 2018, I driven the instant vehicle while under the influence of alcohol (hereinafter “the instant accident”). A was deprived of awareness of the instant accident, and sent the towing vehicle to the hospital. A towing vehicle C was towed by the instant accident, and then moved to the station in the Yellow Police Station. After completion of the inspection of the instant vehicle at the Central Tran Police Station, I had towed the instant vehicle and stored the instant vehicle in the storage room operated by D.

3) The instant vehicle was destroyed by the instant accident to the entirety inside and outside of the engine studio. A fire that occurred on October 2, 2018, which was parked in the said vehicle’s storage room around 05:57 on October 2, 2018, to the entire studio of the instant accident vehicle.

As a result, the instant accident vehicle was set up in front, and it was immediately adjacent to the instant accident vehicle.

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