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(영문) 서울남부지방법원 2017.01.20 2016나57708
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

1...

Reasons

1. Basic facts

A. The Plaintiff between B and B, setting the insurance period as “from January 4, 2013 to January 4, 2014,” with respect to the vehicle C owned by B (hereinafter “instant vehicle”), and is an insurer who entered into a comprehensive automobile insurance contract, and the Defendant is a person who manufactures sculptures, such as the same, while operating the “E Airb” in the Gyeonglung-gun D in the Gyeongbuk-gun, Chungcheongnam-do.

B. From September 2012, the Defendant manufactured the sculptures of the Sejong Sejong (hereinafter “instant sculptures”) from around the instant airspace, and was in the same place. However, around March 13, 2013: (a) around 11, 2013, around 20, the Defendant “the instant sculpture was destroyed by shocking and damaging the instant sculptures while driving the instant vehicle at the instant airspace.”

(C) Acceptance was made. Article 1 (Definition A9) of the instant Automobile Insurance Terms and Conditions (Definition A of the Terms and Conditions) (the definitions of the terms and conditions are as follows:

15. Parents, spouse, and children of the insured;

(b) The spouse of the insured: He refers to a spouse in a de facto marital relationship or legal spouse;

Article 8 (Non-Compensation for Loss) (3) Any of the following damages shall not be compensated by the Compensation for Substitute Property Act:

1. Damage incurred in property owned, used or managed by the insured or his/her spouse or children;

D. After the receipt of an insurance accident, the Defendant heard that the Plaintiff’s employee was phone call for insurance processing separately, but the Defendant and B did not receive insurance money or could receive less insurance money if they were married. From March 9, 2013, the Defendant participated in part of the production work of the instant sculptures in the instant public room from around March 9, 2013, and in collusion with F to claim insurance money in the name of F who is not the owner of the instant sculptures. On March 14, 2013, the Defendant prepared a contract for the production of sculptures, stating “F” as “manufacturer of the instant sculptures,” “the date of conclusion of the contract,” and “F” as “ October 29, 2012.”

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