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1. The Defendant’s KRW 111,153,076 for the Plaintiff and KRW 5% per annum from November 8, 2014 to November 20, 2015.
Reasons
1. Facts of recognition;
A. On April 16, 2009, the Plaintiff concluded an insurance contract "Undividend A C A ALUS 0904" which covers the case of bodily injury between B and B due to an external accident between B and the Defendant, an insurance solicitor, etc.
(hereinafter “this case’s insurance contract”). At the time of the conclusion of the instant insurance contract, B stated that the Defendant would not drive the Oralb, and the instant insurance contract is also indicated only in the “self-owned car” and does not contain any indication in the “Oalba” column.
B. The terms and conditions of the instant insurance contract provide that, after the conclusion of the contract, where the insured directly uses a two-wheeled automobile or motor bicycle, the insurer shall, without delay, notify the insurer of the fact in writing, and if not so notified, the insurer may terminate the contract regardless of the occurrence of damages. The insurer shall not pay the insurance money in cases where a cause for payment of the insurance money under the insurance contract occurs due to a sudden and incidental injury that occurred while driving a two-wheeled automobile during the insurance period.
However, at the time of entering into the instant insurance contract, the Defendant did not properly notify B of the above terms and conditions.
C. B obtained a Class 2 motorcycle driver's license on November 17, 2009, and started to drive 883cca-Sadison from around that time, but did not notify the Plaintiff.
After that, on March 29, 2012, B was faced with a signboard board board located on the right side while driving the above OE on March 29, 2012 and driving the OEM in front of the DEM located in Cheongju-si, and suffered injuries, such as aftermath of spin damage, fladle of 3 times in Cheongju-si.
(hereinafter “instant accident”). D.
B On February 3, 2014, the Plaintiff paid insurance money equivalent to the amount of damages caused by the instant accident.