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(영문) 서울중앙지방법원 2019.07.17 2018나68157
보험금
Text

1. The part against Defendant C among the judgment of the first instance is revoked, and the Plaintiff’s revocation part is against Defendant C.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with Defendant B as the named insured for Defendant B (hereinafter “instant insurance contract”), and Defendant C is an infant of Defendant B.

B. The insurance contract of this case includes a special contract for an injury security (hereinafter “instant special contract”) with respect to the provision of compensation as prescribed by the standardized contract (hereinafter “instant standardized contract”) in the case where there is a person liable to compensate for the loss incurred by the insured when the insured died or was injured due to an accident that occurred due to an accident without an insurance, and Article 18 Subparag. 2 of the instant standardized contract includes the scope of “the insured” entitled to claim compensation for the injury caused by an accident without an insurance policy to the Plaintiff pursuant to the instant standardized contract (hereinafter “instant standardized contract”).

C. Defendant C was working as a daily food delivery engineer at the “F” operated by Nonparty E, and was driving a two-wheeled vehicle on the front side of the “J company” located in Yongsan-gu, U.S., U.S., in order to go to the “H store” located in Ilyang-gu, U.S., in order to go to the “H store,” upon receipt of a request for delivery, on December 7, 2015, in order to go to the “H store,” the two-wheeled vehicle was driven by Nonparty C while driving the two-wheeled vehicle on the front side of the “J company,” located in Goyang-gu, U.S., U.S., in order to avoid damage to the two-wheeled vehicle.

(hereinafter “instant accident”). D.

By June 12, 2017, the Plaintiff paid Defendant C totaling KRW 151,906,020 to Defendant C for provisional payments and medical expenses, and received KRW 75,110,440 from L Co., Ltd for duplicate insurance proceeds.

E. On the other hand, Article 19 of the Terms and Conditions of this case calls for the reasons that the plaintiff does not compensate even if the plaintiff suffered an injury by an accident without insurance.

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