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(영문) 서울중앙지방법원 2018.11.21 2018가단5112775
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is an insurer who entered into an automobile insurance contract with B with respect to a small cargo vehicle A in salary class in 2002 (hereinafter “instant automobile”). The insured (B) is liable to compensate for damages caused by the occurrence of an insured automobile caused by the accident that occurred while the insured (B) owns, uses, and manages the insured automobile (the instant automobile) to remove or damage another person’s property, thereby making the legal liability for damages.

On the other hand, B subscribed to the "limited driving agreement for one insured person", and according to which a person other than the insured is not obliged to pay insurance proceeds for "accident occurred while driving" an insured motor vehicle.

B. The Plaintiff is an insurer who entered into an automobile insurance contract with C.

C has subscribed to a “other motor vehicle driving security” special agreement, and according to this, the Plaintiff shall be deemed to be an insured motor vehicle when the insured (C) suffered damage as a result of legal liability for damages due to “the personal accident or the personal accident that occurred while driving another motor vehicle (except during parking or stopping)” and shall be liable to compensate in accordance with the general terms and conditions.

C. On August 4, 2017, at around 07:30-08:00, C lent the instant vehicle from the Chungcheong voice to B, and returned to the voice, C was unable to buy the instant vehicle on the sideway in the said tunnel by using the speed of the time difference, where the vehicle temperature increase rapidly from the vicinity of the Dobong-dong Highway-dong Highway Stand the soundproof of the Highway, and where it came to the said tunnel, it was difficult for C to rent the instant vehicle on the sideway in the said tunnel.

C does not take any particular measure at the vehicle level. After five minutes, at the front engine room of the instant vehicle, C confirmed the occurrence of a fire and reported at around 18:49 minutes to 119 minutes.

The fire extinguishing protocol is based on the above circumstances.

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