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(영문) 서울중앙지방법원 2016.01.14 2014나66290
구상금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court's explanation of this case is as stated in the reasoning for the judgment of the court of first instance, except for the case's sub-paragraph (b) as follows. Thus, it is citing it as it is in accordance with the main sentence of Article 402 of the Civil Procedure Act.

[Supplementary to the claim against Defendant Hyundai Sea] “B. (1) The Plaintiff asserted that the instant insurance contract was concluded without the authority of the Plaintiff, and that C ratified only the remainder except for the limited special agreement of one named insured at least 48 years of age, and sought reimbursement within the limit of the amount of the substitute compensation insurance.

As to this, the defendant asserts that the insurance contract of this case is concluded by B with the power of representation granted by C, and is all valid including the limited special agreement for one registered insured at least 48 years old, and the defendant is exempted by the above special agreement.

The fact that B obtained the power of representation for the purchase of the Defendant vehicle in this case from C is without dispute, and in order to change the name of the owner, B must purchase the vehicle in the name of the purchaser, and therefore, B shall obtain the right of representation for the purchase of the vehicle and the right of representation to enter into the automobile insurance contract together with the right of representation for the purchase of the vehicle. Since there is no evidence that C restricted the scope of granting the power of representation to B, it is reasonable to view that the right of representation for the conclusion of the individual special agreement is also included in the right of representation

Therefore, the instant insurance contract is concluded by B on behalf of C, and is entirely effective including a limited special agreement for one registered insured at least 48 years of age. As such, Defendant Hyundai Sea is not liable to pay the amount equivalent to the repair cost of the instant damaged vehicle by the said special agreement.

2 The Plaintiff, at the time of entering into the instant insurance contract, is named as the named insured at least 48 years of age to B.

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