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(영문) 서울중앙지방법원 2016.11.04 2016가단5076233
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On April 21, 2015, the Plaintiffs’ ASEAN (hereinafter referred to as “the deceased”) concluded an insurance contract with the Defendant with respect to the D AXD car owned by the Deceased (hereinafter “HH car”) with respect to the insurance period from April 24, 2015 to April 24, 2016; the scope of coverage coverage Ⅰ, personal injury II, personal injury II, personal injury, personal car accident, self-accident, self-accident, self-motor vehicle damage, and emergency exit agreement; and the special terms and conditions change into a fixed driving agreement between 35 and 35 years of age (hereinafter referred to as “the insurance contract in this case”). One-person designated as the registered insured, a limited driving agreement, another vehicle accident, a security insurance contract for automobile driving, etc. (hereinafter referred to as “the insurance contract in this case”).

B. Of the special terms and conditions of the instant insurance contract, the other automobile driving security special terms and conditions (hereinafter “instant terms and conditions”) stipulate that they automatically subscribe to and apply to the insured insured by non-insurance vehicles.

The instant terms and conditions stipulate that the insured shall be deemed to be an insured motor vehicle under the general terms and conditions of compensation for damages caused by an accident occurring in the course of driving the “other motor vehicle” and thus, the other motor vehicle shall be deemed to be an insured motor vehicle under the special terms and conditions of indemnification and indemnification. Here, the term “other motor vehicle” means a non-commercial motor vehicle, which is not a motor vehicle owned by the registered insured and his/her parents, spouse, or children or is not a motor vehicle normally used by the insured.

C. On January 16, 2016, the Deceased was driving a FOsp car owned by E (hereinafter “the instant accident vehicle”) on or around 02:05, after having caused an accident that shocks in sequence with road fluor’s seat and signal apparatus around the center of the Geum-gu, Busan (hereinafter “the instant accident”).

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