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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. The reasoning of the judgment of the court of first instance, which cited the judgment in the judgment of the court of first instance, dismissed “D” as “L”, and omitted judgment in the judgment of the court of first instance (in consideration of the purport of the judgment of first instance and the reasoning of the judgment, it constitutes a case where the judgment is stated in the text, but the judgment is omitted in the reasoning (see, e.g., Supreme Court Decision 2003Da13604, May 30, 2003). ] Except for the following determination as to the Plaintiff’s claim for indemnity based on double insurance, this court’s reasoning is identical to the reasoning of the judgment of the court of first instance, and thus,
(C) We affirm the fact-finding and judgment of the first instance court even after examining the evidence submitted by the plaintiff in the first instance. 2. Determination as to the claim for indemnity based on double insurance
A. The Plaintiff’s assertion L constitutes “insured with consent,” “insured with use,” and “insured with driving,” as stipulated in the automobile insurance contract concluded by the Defendants on the search season of this case (hereinafter “Defendant’s insurance contract”), and thus, the Plaintiff’s insurance contract and the Defendant’s insurance contract constitute overlapping insurance between the insured and the insured.
Therefore, Defendant insurance companies are obligated to pay KRW 4,772,590 to the Plaintiff with the indemnity amount as follows:
B. Whether L constitutes a “insured with consent”, “insured with use”, or “insured with driving” as stipulated in the Defendant’s insurance contract, the general terms and conditions of the Defendant’s insurance contract stipulate the “insured” as follows:
Article 1 (Definition of Terms) The definitions of terms used in this Clause shall be as follows:
13. Insured: Any of the following persons eligible to file a claim for compensation with an insurance company; the specific scope of the insured shall be at the risk of complying with their respective coverage items:
A registered insured person: a policyholder shall be designated from among those who own, use, and manage an insured motor vehicle.