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(영문) 서울중앙지방법원 2020.12.09 2020나2815
구상금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

purport.

Reasons

1. The loss of Article 1 (Liability for Company’s Compensation) (1) of the General Terms and Conditions for Repair Trusted Motor Vehicle Special Terms and Conditions (hereinafter “the Special Terms and Conditions”) to be compensated by an insurance company (hereinafter “company”) is the only loss of the insured in the event of an insured motor vehicle that occurs from the time the insured was entrusted with the insured motor vehicle for repair, maintenance, inspection, or inspection (hereinafter “maintenance”) during the insurance period until it is delivered to the borrower through the process of ordinary maintenance work (including the process of being entrusted with or delivering the insured motor vehicle; hereinafter the same shall apply).

(2) In case of personal compensation among the damages under paragraph (1), the company shall compensate for the damages exceeding the amount paid as liability insurance for automobile accident compensation under the Guarantee of Automobile Accident Compensation Act, if any.

Article 2 (insured) The Insured under Article 4 (insured) of the General Terms and Conditions shall be the following persons:

1. An insured worker who is listed in an insurance policy (hereinafter referred to as "registered insured worker");

2. An employee of the insured and who operates the insured motor vehicle for the insured or for the insured.

3. An insured automobile, other than those as referred to in subparagraphs 1 and 2, which is the operator of an insured automobile for the named insured and which is indicated in the insurance policy, refers to the automobile under entrustment by the insured for the maintenance work, and excluding the two-wheeled automobile.

Article 4 (Compensation for Non-Compensation) In addition to Article 5 (Non-Compensation for Damages) of the General Terms and Conditions, the Company shall not compensate for the following damages:

1. Damage caused by an accident in the course of using or managing the insured motor vehicle, which has remarkably deserted the ordinary course of maintenance work;

2. Loss caused by an accident occurred when a person other than the insured has driven the insured motor vehicle.

A. The plaintiff is the representative of the "C" of the automobile repair company D.

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