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(영문) 서울중앙지방법원 2020.05.29 2018나74558
약정금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

. As part of the insured automobile, this shall be deemed as part of the insured automobile.

However, what is not normally attached or stored shall be stated in the insurance policy.

(*2) The term "insurance value" means the latest vehicle standard value determined by the E institution at the time of the occurrence of an accident, when the E has entered into an insurance contract in accordance with the vehicle standard value table set by the E institution.

However, if the above vehicle standard value does not exist or if an insurance contract was concluded with any other value, the insurable value at the time of the occurrence of the damage and the place where the damage occurred if the value entered in the insurance policy significantly exceeds the value at the time of the damage.

Article 24 (Calculation of Insurance Money to be Paid) (1) An insurance company shall pay the insurance money after deducting the "self-charges" stated in the insurance policy from the aggregate amount of the "amount of damage incurred to the insured vehicle" and "expenses."

(2) The "amount of damage caused by the difference between the insured and the insured" in paragraph (1) shall be determined as follows based on the insurable value (*1):

1. To compensate up to the insurance amount stated in the insurance policy, and to the insurable value if the insurance amount exceeds the insurable value; and

(7) In the event that an insurance company pays the full amount of the insurance money to the insured automobile(*2), it shall accept the damage.

In such cases, if the purchase amount of insurance is less than the insurable value, damage shall be taken over according to the ratio of the insurable value of the purchase amount.

However, if an insurance company pays insurance proceeds by indicating that it does not accept the damaged objects, the insured's right to the damaged objects shall not be transferred to the insurance company.

(*1) The term "insurance value" means the latest vehicle standard value determined by the E institution at the time of the occurrence of an accident, when the E has entered into an insurance contract in accordance with the vehicle standard value table set by the E institution.

However, there is no standard value of the above vehicle.

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