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(영문) 부산지방법원 2017.08.23 2017나40693
보험금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 12,941,70 and KRW 9,600,00 among them.

Reasons

1. Basic facts

A. The terms and conditions of the insurance contract and the terms and conditions of the insurance contract concluded between the Plaintiff and the Defendant, the insured, and the term of the insurance contract from March 25, 2009 to March 25, 2084, respectively, with the term “free dividendscar,” and the term of the insurance contract (hereinafter “instant insurance contract”). The main contents of the policy are as follows:

4-1. Under Article 1 (1) of the General Terms and Conditions of Liability Security (hereinafter “the Special Terms and Conditions of this case”), the Defendant is bound to compensate for damages (hereinafter “liability for damages”) incurred by the insured and his spouse living together with the insured (hereinafter “insured”) due to an accident listed below during the insurance period of this Special Terms and Conditions (hereinafter “accident”) by bearing legal liability for physical disability or property damage of others (hereinafter “liability for damages”).

(2) Article 2 (Non-Compensation Damages) (1) of the insured’s daily life (excluding the possession, use, and management of real estate other than a house) (hereinafter “instant exemption clause”) (hereinafter “instant exemption clause”), the Defendant shall not pay any damages incurred due to the burden of liability arising from the following causes:

(1) The defendant does not compensate for any loss sustained by the defendant, without directly or indirectly asking for the cause, which is caused by the following liability:

7. Article 3 (Insurance Money to be Paid) (1) The scope of the damage the Defendant compensates for one accident is as follows.

① 피보험자가 피해자에게 지급한 손해배상금(손해배상금을 지급함으로써 대위 취득할 것이 있을 때에는 그 가액을 뺍니다) (2) (1)의 손해에 대한 피고의 보상한도는 매회의 사고마다 2만 원을 초과하는 경우에 그 초과하는...

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