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(영문) 광주지방법원 2018.05.16 2017가단519975
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s mother, as the Plaintiff’s mother, entered into an automobile insurance contract with the Defendant with respect to DPoter II (hereinafter referred to as “insured automobile”) from September 9, 2013 to September 9, 2014, with which the Plaintiff’s father as the insured insured, and entered into an automobile accident insurance contract with the Plaintiff’s father up to KRW 100 million per capita’s disability, injury 30 million per capita as a special agreement (hereinafter referred to as “automobile accident insurance”).

B. The content of the instant automobile accident insurance clause is as follows.

Article 17 (Compensation for Loss) In the Automobile Injury Act, an insurance company shall be bound to compensate for any loss incurred when the insured dies or is injured due to an accident of an insured motor vehicle which occurred while the insured owns, uses, or manages the insured motor vehicle.

Article 18 (insured) (1) The scope of the insured person in the Automobile Injury Act shall be as follows:

1. The insured under Article 7, Section 7, the Personal Compensation II;

However, if the insured is a juristic person, the director and the auditor shall be named as the named insured.

2. Parents, spouses and offsprings of the insured under subparagraph 1. (3) The insurance money paid by an insurance company under Article 20 (Limits of Insurance Money) of the Automobile Injury Act shall be limited to the amount of insurance coverage as stipulated in the insurance policy.

Article 21 (Calculation of Insurance Money to be Paid) (1) The Insurance Money to be paid for the Automobile Injury Act shall be calculated as follows:

Insurance money to be paid = Expenses actually damaged - deducted amount

1. The actual amount of damages shall not be calculated in accordance with the “Standards for Payment of Injury Insurance Money by Large Compensation, Injury by Motor Vehicles, and Uninsured Motor Vehicles”, and where a lawsuit is filed, the amount before applying comparative negligence and limit of compensation with the final and conclusive judgment amount;

2. Omission;

3. “The amount of deduction” refers to the following:

Automobile insurance (including mutual aid agreements);

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