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(영문) 서울중앙지방법원 2015.02.05 2014가합511666
피보험자자위 확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 6, Eul evidence Nos. 3 and 4:

The Plaintiff entered into an insurance contract with the Defendant for Samsung Bosch Rexroth (hereinafter “instant contract”) with respect to the vehicle number B New SM3 (hereinafter “instant vehicle”) from October 30, 201 to October 30, 201, and entered into a limited agreement with the named insured under a special agreement with the driver limited to one named insured.

B. Article 92 of the Special Clause of this case does not pay insurance money to an insured person who is not an insured person in accordance with the Special Clause.

If the insured motor vehicle was stolen, insurance money shall be paid to the insured motor vehicle's liability for damages arising from the accident of the insured motor vehicle occurred between the time it was stolen and the time it was discovered.

C. Around 12:30 on September 23, 2012, the Plaintiff’s ASEAN, while driving the instant vehicle owned by the Plaintiff, he/she received d’s d’s obbbbba while driving the instant vehicle, and caused D to suffer d’s h’s h’s h’s h’s h’s h’s h’

(hereinafter referred to as the “instant accident”). D.

The Dongbu Fire and Marine Insurance Co., Ltd. (hereinafter referred to as the "Dongbu Fire") paid D part of the medical expenses to D, and then filed a claim for reimbursement against the plaintiff and C with Seoul Central District Court 2013 Ghana61370. On January 16, 2014, the above court rendered a judgment that the plaintiff and C jointly and severally paid 9,120,568 won to Dongbu Fire and the amount equivalent to 5% per annum from July 12, 2013 to January 16, 2014, and 20% per annum from the next day to the day of full payment.

2. The parties' assertion

A. The Plaintiff’s assertion C is against the Plaintiff’s explicit and implied intent.

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