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(영문) 창원지방법원 마산지원 2018.02.07 2017가단101648
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 73,643,376 and the interest rate of KRW 15% per annum from November 26, 2016 to the date of full payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

Under the General Terms and Conditions of Automobile Insurance, an insurance company shall be liable to compensate the insured for any loss caused by an insured motor vehicle caused by an accident in which the insured owns, uses, or manages the insured motor vehicle. With respect to the scope of the insured, the scope of the insured shall include ① “registered insured” as indicated in the insurance policy, ② “relative insured” such as relatives of the registered insured, ③ “insured insured with consent of the registered insured,” ④ “insured with consent,” ④ “insured with consent of the registered insured” such as users of the registered insured, ⑤ “insured with driving” operating the insured motor vehicle for the insured prescribed in the above ① through ④. Here, the term “insured with driving” refers to a person employed in the name of an ordinary insured, etc., but even if it is not employed for driving, if the insured with specific and individual consent from the registered insured and obtained such consent, but if it can be deemed that it clearly goes against the registered insured’s will, the insurer can not be considered as the insured’s registered driver’s liability for damages caused by the accident of Nonparty 261.

Even in this case.

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