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(영문) 서울중앙지방법원 2020.05.27 2019나15891
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

Claim:

Reasons

. The defendant who is in the position of the insured pursuant to the instant special agreement is not entitled to claim the amount of indemnity against the accident.

On the other hand, the plaintiff asserts that the accident of this case constitutes a reason for exemption from the payment of insurance money under the special agreement of this case, that is, an accident that occurs while the insured drives a motor vehicle entrusted for the handling of the motor vehicle, or another motor vehicle in return for fees or fees, and thus, the plaintiff is not obligated to pay insurance money to the defendant. The defendant

2 The defendant, even if so, falls under the above exemption.

Even if the Plaintiff did not fulfill its duty to explain during the process of concluding the instant insurance contract, it asserts to the effect that the part on the exemption from liability cannot be asserted as the content of the instant insurance contract.

B. Whether the plaintiff's insurance money falls under the exemption from the payment of insurance money? The special terms and conditions of automobile driving security* The other vehicle column and the private car which are the same type as the insured automobile and fall under any of the following subparagraphs:

1. Motor vehicles which are not motor vehicles owned or ordinarily used by a registered insured and his/her parents, spouse or children;

2. The content of compensation ① In the event the insured is legally liable for any personal accident or substitute accident that occurred while driving another motor vehicle, or the insured is injured, the company shall be deemed as the insured motor vehicle under ordinary terms and conditions such as “Ⅱ”, “personal injury”, “self-physical accident” or “special terms and conditions of automobile injury” and shall be deemed as the insured motor vehicle under ordinary terms and conditions, and shall be compensated as prescribed under ordinary terms and conditions.

3.The non-compensationable damage company shall not compensate for the following losses:

(3) A motor vehicle maintenance business, parking lot business, oil supply business, chartered business, the insured.

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