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(영문) 서울중앙지방법원 2019.02.01 2016가단5314157
손해배상(자)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 17, 2014, the Plaintiff entered into a C insurance contract under which the insured person is the Plaintiff, and the insurance period from June 17, 2014 to June 17, 2070, and the injury, disease, damage to expenses, property, liability for damages, etc. are comprehensively guaranteed (hereinafter “instant insurance contract”).

Of the particulars of the insurance coverage of the instant insurance contract, the contents pertaining to the instant case are as follows.

The amount of subscription to the name of security and the amount of maturity guaranteed by the basic contract 150,000,000 for 15 years of age - the amount of remaining disability at the time of injury between 3% and less than 80% of the injury 】 the amount of payment for the post-paid disability - the amount of payment for the post-paid disability above 80%

B. Meanwhile, while entering into the instant insurance contract, the Plaintiff entered into a “Special Terms and Conditions for the System for the Inward Injuries Liability for Driving Two-Wheeled Motor Vehicles” (hereinafter “Special Terms and Conditions”). The details are as follows.

Article 1 (Application of Special Terms and Conditions) ① When entering into a contract (referring to the General Terms and Conditions, and if the Special Terms and Conditions are added, including the Special Terms and Conditions; hereinafter the same shall apply), this Special Terms and Conditions will be made in addition to the contractor's subscription and insurance contracts with our company if the risk of driving a two-wheeled motor vehicle is not in compliance with the standards set by our company due to the ownership, use (limited to regular driving due to occupation, duties or activities of club, etc.) of the two-wheeled motor vehicle.

(hereinafter referred to as "special terms and conditions", and Article 3 (Reasons for Non-Payment of Insurance Money) (1) A company shall, notwithstanding the terms and conditions of a contract, be insured if a cause for payment of insurance money under an insurance contract occurs directly due to a sudden and incidental injury that occurred while the insured, as stated in the insurance policy, drive (including boarding; hereinafter the same shall apply) a two-wheeled automobile during the insurance period.

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