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(영문) 서울남부지방법원 2016.10.06 2016나56231
약정금
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. Facts of recognition;

A. The Plaintiff and the Defendant entered into an automobile insurance contract (hereinafter “instant automobile insurance contract”) with respect to “the insured: the Defendant, the insurance period: from May 19, 2014 to May 19, 2015; the limit on personal compensation: the ceiling on personal compensation: the ceiling on personal compensation: KRW 100 million.

B. Around 03:00 on April 26, 2015, the Defendant’s spouse: (a) driven the instant vehicle and parked the vehicle in a slope way front of the Eves shop located in Doking-si; and (b) the instant vehicle was pushed down in a slope, and then the fence was damaged by shocking the fences installed on the India; but (c) left the site without any measure.

(hereinafter referred to as “instant accident”). C.

On June 5, 2015, the Plaintiff paid KRW 193,600 to the repair cost of fences, based on the water indemnity insurance under the instant insurance contract.

According to the terms and conditions applicable to the insurance contract of this case, in cases where the insured was involved in an accident that occurred while drunk driving or non-licensed driving or an accident occurred while a driver of an insured motor vehicle under the explicit or implied approval of the insured, and the insured paid the insurance proceeds pursuant to the "Large Compensation I", "Large Compensation II" or "Large Compensation", the insured shall immediately pay the accident charges of KRW 2 million for the first accident, and the "Large Compensation I" shall pay the accident charges of KRW 500,000 to the insurance company.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. According to the facts of determination of the terms and conditions of a standardized contract as to the cause of the claim, the defendant who is the insured of the above insured shall be liable to compensate the plaintiff for damages of KRW 500,000,000,000,000,000,000,000 from June 6, 2015 to October 2, 2015, the delivery date of a copy of the complaint of this case

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