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(영문) 서울중앙지방법원 2018.07.11 2018나17678
보험금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with the Defendant for the purpose of insurance business, etc., which is run by the Insurance Business Act and related Acts and subordinate statutes, as the owner of CPoter Ⅱ Cargo (hereinafter “Plaintiff”). Of the instant insurance contract, the relevant content of the instant insurance contract is as follows.

Insured: The term of insurance for the Plaintiff: Security from December 24, 2015 to December 24, 2016: Large Compensation I (Subscription Amount - the amount prescribed by the Guarantee of Automobile Accident Compensation Act - the subscription amount - the subscription amount - the maximum amount - 200 million won): A special agreement with the age limit limit (at least 35 years old):

2. Non-compensationable damages ① The Company shall not pay insurance proceeds in respect of any accident occurred while a person under the age of 35 under this Special Terms and Conditions drives an insured motor vehicle.

B. On November 25, 2016, D (E) who is an employee of the Plaintiff, was driving the Plaintiff’s vehicle on the back of the Plaintiff’s back-hand G QM5 vehicle (hereinafter “victim”) parked on the back of the Plaintiff’s back-hand side while driving the Plaintiff’s vehicle on the back-hand side of the Seo-gu Incheon, Seo-gu, Incheon.

(hereinafter referred to as “instant accident”). C.

On November 25, 2016, the Plaintiff received an insurance accident against the Defendant with respect to the damage of the damaged vehicle due to the instant accident. However, the Defendant refused to pay the insurance proceeds, on the ground that the damage of the damaged vehicle due to the instant accident constitutes damage not compensated due to a special agreement (at least 35 years of age) with the driver’s age limit (at least 35 years of age) to which the instant insurance contract was concluded

Accordingly, on December 1, 2016, the Plaintiff KRW 4,290,000 = 3,190,000 in total, including the repair cost of the damaged vehicle due to the instant accident, and the rental fee of KRW 1,100,00 in the repair period of the damaged vehicle, = 3,190,000 in total.

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