beta
Text
1. Of the judgment of the first instance against Defendant A, the part against the Defendant exceeding the amount ordered to be paid under the following subparagraphs.
Reasons
1. Facts of recognition;
A. On October 4, 2012, Defendant A driven E E E-tobb (hereinafter “Am”) without obtaining a driver’s license on October 21, 2012, Defendant A, who was in the Chang-si, Jin-si, Jin-si, Jin-si, Jin-si, Jin-si, Jin-si, the central line on the two-lane road in front of the branch, and caused an injury to F, such as mination of the 5 balance of the 5th, open mination, etc. (hereinafter “the instant accident”). At the time of the instant accident, the instant vehicle was subscribed only to the liability insurance of Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Nuri Sea”).
B. H, as its father, entered into an automobile comprehensive insurance contract containing an injury security agreement with the Plaintiff and non-insurance vehicles, which is included in the terms and conditions of that insurance contract, F is included in the insured of that insurance contract.
C. Meanwhile, F entered into two comprehensive automobile insurance contracts with respect to two parts of the same automobile owned by each non-life insurance company (hereinafter “Dong fire”). The same unit fire paid F medical expenses of KRW 10,378,410, and KRW 34,500,000, total amount of KRW 44,878,410, and KRW 19,000, which is the amount equivalent to the liability insurance amount from the modern sea, the liability insurance company for the automobile.
After paying the above insurance money, Dongbu Fire filed a claim for reimbursement on the ground that it is a double insurer, and upon such claim, the Plaintiff paid the indemnity amount of KRW 8,926,130 to Dongbu Fire on May 31, 2013.
E. The main contents of the terms and conditions concerning the standard for the payment of insurance proceeds for the same fire and the Plaintiff’s “injury by an uninsured automobile” are as follows.
Section 2 of Article 17 (Compensation for Damages) In the "injury by Uninsured Motor Vehicles", the insured shall be the insured.