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1. The Defendant’s KRW 51,340,00 for the Plaintiff and 5% per annum from December 11, 2015 to September 21, 2018.
Reasons
Basic Facts
A. On September 22, 2014, the Plaintiff concluded a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with the Defendant, an insurance company, and with respect to the Plaintiff’s Benz S600 Vehicle (hereinafter “instant automobile”), setting the insurance period from September 22, 2014 to September 22, 2015.
B. Of the damages guaranteed under the instant insurance contract, the amount of insurance coverage for “self-vehicle damages” is KRW 94.95 million, and the amount of self-charges is KRW 20%, but the minimum amount of self-charges was set at KRW 200,000,000, and the maximum amount of self-charges was set at KRW 500,000.
On the other hand, the main contents of the terms and conditions concerning the "automobile damage" security item (hereinafter "the terms and conditions of this case") are as follows.
Article 21 (Compensation for Loss) In self-vehicle damage, an insurance company shall compensate for the loss directly incurred to the insured automobile due to an accident that occurred while the insured owns, uses, and manages the insured automobile within the insurance amount stated in the insurance policy.
However, if the insured amount exceeds the insurable value, you shall compensate for it up to the insurable value.
(hereinafter omitted) The term "insurance value" means the recent vehicle standard value determined by the Insurance Development Institute at the time of the occurrence of an accident, when the Insurance Development Institute establishes an insurance contract in accordance with the vehicle standard value table set by the Insurance Development Institute.
However, if the above vehicle standard value does not exist or if the value entered in the insurance policy has considerably exceeded the value as at the time of the occurrence of the damage, the value at the time of the occurrence of the damage shall be the insurable value.
Article 23 (Compensation for Non-Compensation) Any of the following damages shall not be compensated for its own vehicle damage:
1. The insurance money to be paid for self-vehicle damage under Article 24 (Calculation of Insurance Money to be Paid) shall be calculated as follows: