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(영문) 서울중앙지방법원 2015.01.30 2014가단5193615
손해배상(자)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff A entered into an insurance contract on December 2013, 2013 with the Defendant and the said Plaintiff’s C TraxG car (hereinafter “instant vehicle”).

(1) As to the insured, the automobile insurance contract (hereinafter “instant insurance contract”) covering the Plaintiff A, the insurance period from January 20, 2014 to January 20, 2015, the Large Compensation I, and the self-physical accident (the amount of injury covered by the insurance policy: KRW 30 million; KRW 15 million; hereinafter “instant insurance contract”).

2) Of the instant insurance contracts, the key contents of the insurance terms and conditions for personal injury I and personal bodily accidents are as follows.

In Section 1 of Part II, Section 3 (Compensation for Damages) of Part III, the insurer shall compensate for the damages suffered by the insured as the insured is liable for damages under Article 3 of the Guarantee of Automobile Accident Compensation Act due to the death or injury of another person due to the operation of the insured motor vehicle.

In the case of self-physical accidents in Section 1 of Chapter 2, in addition to liability for compensation, an insurance company shall be bound to compensate for the loss when the insured suffered the injury due to any of the following accidents which occurred while the insured owns, uses, or manages the insured motor vehicle:

1. Article 13 (insured) ① A person who may claim for compensation from an insurance company in a self-physical accident due to the operation of an insured motor vehicle shall be entitled to claim compensation from the insurance company as follows:

1. An insured worker who falls under Article 7;

2. The parents, spouses and children of each insured person under subparagraph 1 shall not be compensated for any of the following self-physical accidents:

1. The insured's intentional injury;

In such cases, the insurance money shall not be paid only to the insured.

Article 15 (Types and Limits of Insurance Money) Any insurance company shall pay in its own physical accidents.

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