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(영문) 서울중앙지방법원 2016.09.30 2016나331
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant shall make the plaintiff 2,864.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract for automobile dealers (hereinafter “Plaintiff’s insurance contract”) with Company B (hereinafter “B”), and the Defendant is the insurer who entered into an insurance contract for business cars (hereinafter “Defendant’s insurance contract”) with Company C as the insured, D Salary III Cargo Vehicles (hereinafter “instant accident vehicle”) as the insured.

B. The Plaintiff’s insurance contract stipulates that an amount exceeding the amount payable by the Plaintiff’s personal compensation I in relation to personal compensation insurance shall be compensated for the excess amount, and the Defendant’s insurance contract does not exclude an automobile manager such as an agent, etc. from the Insured and the Drivers.

C. On July 5, 2012, C purchased the instant vehicle EY III Cargo (hereinafter “instant purchased vehicle”) and sold the instant vehicle to F, an employee of the instant automobile business office, along with relevant documents. On the same day, C, with the Defendant’s approval in accordance with the replacement terms and conditions of the Defendant’s insurance contract, replaced the insured vehicle of the Defendant insurance contract from the instant accident to the instant purchased vehicle, and completed ownership transfer registration with respect to the instant purchased vehicle.

F on July 6, 2012, without registering the transfer of ownership, sold the instant vehicle to G, a secondhand exporter, without registering the transfer of ownership, and G also requested B, a substitute driver, to transport the instant vehicle to the garage.

E. However, around 11:00 on July 6, 2012 at the same day, H, an employee of B, driven the instant accident vehicle and driven ahead of it to the intersection of 22-50,000,00, Nam-gu, Incheon, Nam-gu, Seoul, the fronter of the instant accident vehicle.

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