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(영문) 서울중앙지방법원 2015.03.25 2014나14930
보험금
Text

1. Of the judgment of the court of first instance, KRW 65,588,073 against the Plaintiff and its related thereto from November 30, 201 to March 25, 2015 against the Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is the mother of B, and the Defendant is an insurer who has concluded an insurance contract for non-life insurance for F car owned by the Plaintiff (hereinafter “instant insurance contract”).

The terms and conditions of the instant insurance are as follows.

Injury by Non-Insurance Motor Vehicle

1. (1) Where the insured dies or is injured by an accident that occurred by an insured motor vehicle (5) and there is a person liable to compensate for any damage incurred therefrom, the insurance company shall be bound to compensate for the damage as stipulated in this terms and conditions;

Insurance proceeds = Expenses calculated according to the standard for the payment of insurance proceeds - (2) The insurance company shall pay insurance proceeds after deducting the amount of deduction from the sum of the amounts calculated according to the standard for the payment of insurance proceeds and the “expenses” of this standardized contract.

1. The "amount calculated according to the insurance money payment standards" above shall be limited to KRW 200 million per insured person.

③ The above "amount of deduction" refers to the following amounts:

5. The term "amount of money that may be paid in accordance with the business of compensating for personal injury (including liability deductions and government-guaranteed business)" refers to the following persons who have caused the death or injury of the insured as well as the motor vehicles other than the non-insured motor vehicles:

In this case, the term "motor vehicles" means motor vehicles under the Automobile Management Act, vehicles under the Management of Automobile Act, vehicles under the Act on the Management of Military Supplies, vehicles under the Act on the Management of Military Supplies, motor vehicles and agricultural machinery under the Agricultural Mechanization Promotion Act.

However, the insured does not exclude a limited liability motor vehicle.

1. A motor vehicle which does not have a motor vehicle insurance liability II or a mutual aid contract. (6) An insured person shall be legally liable for damages caused to the insured person by causing the death or injury of the insured person due to an accident of an insured motor vehicle not covered by a person liable for compensation (a injury caused by an insurance

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