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1.The judgment of the first instance court, including a claim extended and reduced in the trial, shall be modified as follows:
Defendant.
Reasons
1. The reasoning for the court's explanation on this part is that "No. 14" in Part 2, No. 16 of the judgment of the court of first instance is "No. 14, 16 (including each number), Eul evidence No. 1, 2, and Eul evidence No. 3-1, "No. 79,34,530 won" in Part 31, and "No. 79,34,530 won" in Part 3 is "No. 39,34,530 won", and the second part "No. 31, 2010" in Part 3 is added to "No. 16, 4,000 won" in Part 16 to Part 4, and it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the cause of the claim
A. The double insurance contract refers to the case where several insurance contracts are concluded simultaneously or in succession with respect to the same accident as the purpose of the same insurance contract, and the total insured amount exceeds the insurable value. If the two liability insurance contracts do not share the whole insured interest and the content and scope of the insurance accident, but are overlap with a considerable part of the insured interest and the accident related to the overlapping insured interest, the two liability insurance contracts are concluded to the extent that the insured interest, the insured interest, the insurance accident and the insurance period overlap, and if the accident is related to the overlapping insured interest, they constitute double insurance under Article 725-2 of the Commercial Act.
(See Supreme Court Decision 2009Da53499 Decided December 24, 2009). In such cases, each insurer shall be jointly and severally liable for compensation according to the ratio of the respective insured amount pursuant to Article 672(1) of the Commercial Act.
(See Supreme Court Decision 2013Da65901 Decided January 29, 2014). In this regard, the non-party company is the insured of the user liability insurance, and at the same time the non-party company is the insured of the user liability insurance, and at the same time the consent to use the instant vehicle was obtained under the terms and conditions of the Defendant’s comprehensive automobile insurance company, and thus,