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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
1. Basic facts
A. On April 20, 2017, a limited liability company C entered into an automobile insurance contract with the Plaintiff, including not only mandatory insurance but also personal compensation II, with respect to D vehicles owned by it (hereinafter “instant vehicle”). From April 22, 2017 to April 22, 2018, the period of insurance between the Plaintiff and the Plaintiff.
B. In addition, on April 21, 2017, the limited liability company C entered into an automobile insurance contract with the Defendant including not only mandatory insurance but also personal injury II, which is a voluntary insurance, with the insurance period from April 22, 2017 to April 22, 2018.
C. On May 7, 2017, around 19:36, F had driven the instant vehicle and attempted to make a right-hand in the secondary line, and the Plaintiff paid KRW 1,104,970 at the repair cost of the instant vehicle and KRW 2,459,420 at the repair cost of the instant vehicle.
The terms and conditions of private car insurance concerning this case shall be as follows:
Article 33 (Sharing of Insurance Money) The following insurance money shall be apportioned to the large liability I, the large liability I, the personal injury by an non-insurance motor vehicle, the personal bodily accident, and the self-motor vehicle damage:
2. If there are not less than two insured persons liable under this insurance contract due to the same accident in respect of the personal compensation I, personal compensation II, and personal compensation, the insurance money according to the coverage and the scope of the liability pursuant to Article X (Calculation of Insurance Money) shall be apportioned and paid in proportion to the liability of each insured person.
Article 52 (Cancellation of Insurance Contract by Policyholders) (1) A policyholder may terminate at any time all or part of the insurance contract at any time.
However, the mandatory insurance may be terminated only in any of the following cases:
(hereinafter referred to as "not being omitted).