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(영문) 대법원 2015.12.23 2013다214413
구상금
Text

The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Seoul Southern District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the judgment below and the records, NaNC Co., Ltd. (hereinafter "NaNC") entered into an automobile insurance contract with the defendant with respect to the sowing machine of this case, NaNC Co., Ltd. stated the type of the automobile as "scambling machine", i.e., the amount of personal compensation i" in the insurance policy as "scambling method", ii) the security content of the insurance contract of this case consists of personal compensation 1, personal compensation Ⅱ, and NaNC paid the insurance premium calculated by each of the above security contents to the defendant. iii) Article 10 of the insurance clause of this case provides that NaNC Co., Ltd. (hereinafter referred to as "BaNC") provides that NaNC Co., Ltd. shall be limited to the case of personal compensation Ⅱ, i.e., limited to the automobile damage liability under its own law, i., the insurer’s damage compensation i.e., the amount of the insured or its statutory damage compensation.

2. Article 10 of the insurance clause of this case provides for the insurer's liability for compensation as stipulated in Article 10 of the Personal Compensation Class II, and provides that "the insured shall be liable for damages from the insured's death or injury caused by an accident of the insured motor vehicle which occurred during the possession, use, or management of the insured motor vehicle, less the amount payable as the personal compensation I or less the amount payable as the personal compensation I if the insured motor vehicle is not subscribed as the Personal Compensation I."

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