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(영문) 서울중앙지방법원 2019.01.17 2018나36822
구상금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff entered into an automobile insurance contract with Defendant B (hereinafter “instant insurance contract”) with respect to D vehicles (hereinafter “instant vehicles”) from November 16, 2013 to November 16, 2014, and the registered insured entered into an automobile insurance contract with Defendant B (hereinafter “instant insurance contract”).

B. Article 11 of the Automobile Insurance Clause applicable to the instant insurance contract (hereinafter “the instant insurance contract”) provides that in the event that the Plaintiff pays insurance proceeds from personal injury I, personal injury II, or personal injury due to an accident occurred while a driver of an insured motor vehicle is driving without a license under the explicit or implied approval of the insured person or the named insured person, the insured shall pay to the Plaintiff KRW 2 million for the personal injury II and KRW 500,000 for the personal injury as the accident charges. However, if the insured fails to pay the accident charges due to economic reasons, the Plaintiff shall preferentially pay the amount of the accident charges to the Plaintiff, including the amount of the accident charges, and may claim the insured to pay the accident charges.

C. At around 12:00 on July 12, 2014, Defendant C caused an accident that causes damage to the damaged vehicle by suffering from the injury of F and G while driving the instant vehicle with a non-license (hereinafter “victim”) in the vicinity of the Hunol in Gangnam-gu Seoul, Seoul Special Metropolitan City (hereinafter “instant accident”).

By October 10, 2014, the Plaintiff paid KRW 672,740, total amount of damages to G, KRW 500,000 for damage compensation on July 24, 2014, and KRW 600,000 for the repair cost of damaged vehicles on July 21, 2014, respectively.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. In the terms and conditions of the automobile insurance, the insured is due to an accident during which the insured is driving under influence of alcohol or without a license.

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