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(영문) 부산고등법원(창원) 2015.04.16 2014나20144
보험금
Text

1. Of the judgment of the first instance, the part against the Plaintiff A, including the Plaintiff’s claim for addition and modification in the trial.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff B entered into an automobile insurance contract with the Defendant around 2009, setting the insurance period as to the automobile C as from January 18, 2009 to January 18, 2010, and included a comprehensive automobile insurance contract with the Plaintiff B, his parents, spouse, and children, which is the insured (hereinafter “instant insurance contract”).

(2) The main contents of the General Terms and Conditions (No. 2) of the instant insurance contract are as follows. The Plaintiff A is the husband of the Plaintiff B.

Injury by Non-Insurance Motor Vehicle

1. (1) When the insured dies or is injured by an accident that occurred by an uninsurance motor vehicle (n). If there is a person liable to compensate for the damage caused by the accident, the insurance company shall be bound to compensate in accordance with the terms and conditions.

(2) An insurance company shall pay the insurance money after deducting the amount of deduction from the aggregate amount of this standardized contract’s “amount calculated according to the standard for the payment of insurance money” and “expenses.”

Insurance money = Expenses calculated according to the standard for the payment of insurance money - Amount of deduction ③ The above amount of deduction refers to the following amounts:

(c) An amount which can be paid under the personal compensation II or a mutual aid contract in which the obligor has joined; and

(e) A person liable to compensate for damages already paid by the insured from a person liable to compensate.

2. The person liable for damage in respect of an insured motor vehicle refers to a person who is legally liable for damage resulting from the death or injury of an insured motor vehicle due to an accident of an insured motor vehicle;

B. At around 01:05 on June 11, 2009, D driving Otoba on the occurrence of an accident and the voluntary adjustment of the case, and driving on the Etoba and driving on the Ebaba, one-lane of the two-lanes in front of G K Kinginging-si in Singing-si, driving on the upper ebaba, and driving on the two-lanes in front of Ging-si, with the upper e

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