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The judgment below
Among them, this part of the case is reversed in which the defendant lot damage insurance company lost, and this part is applied.
Reasons
The grounds of appeal are examined.
1. According to the reasoning of the lower judgment on basic facts, the following facts are revealed.
On July 19, 2012, at around 13:27, Defendant A driven Defendant B Epier vehicle (hereinafter “instant vehicle”) and stopped the vehicle so that Defendant B, located on the rear seat at the two-lane of the secondary line of the G Hospital located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul.
The Defendant B driven the back of the vehicle by Otoba (H) with the rear of the vehicle passes through a narrow space between the right side of the instant vehicle and the delivery, and C was faced with the rear door of the said vehicle, causing serious injury to C, such as a prop-abbaging transfusion, etc. (hereinafter “instant accident”).
B. C entered into a comprehensive automobile insurance contract with the Plaintiff, which is an insurer with respect to its owned D vehicles, and the contract contains “the special agreement for injury security by an uninsured motor vehicle”.
Defendant A’s husband entered into a comprehensive motor vehicle insurance contract with Defendant Bar Insurance Co., Ltd. (hereinafter “Defendant Bar Insurance”) with respect to his own J motor vehicle, and the contract includes “other Motor Vehicle Driving Security Special Clause (hereinafter “Special Clause”) as the insured.”
When the insured (including his spouse) suffers damage as a result of an accident that occurred while driving (except during parking or stopping) another motor vehicle, the special terms and conditions of this case shall be deemed as the insured motor vehicle and shall be compensated in accordance with the common terms and conditions.
As to the instant automobile, Defendant B entered into an automobile comprehensive insurance contract with Defendant Music Insurance Co., Ltd. (hereinafter “Defendant Music Insurance”), and Defendant B as the named insured and included the “limited driving special terms and conditions per the named insured.”
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