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(영문) 서울중앙지방법원 2020.06.11 2019나45199
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract (hereinafter referred to as “automobile insurance contract”) with Defendant B by setting the insurance period from August 25, 2016 to August 25, 2017 with respect to D vehicles owned by it (hereinafter referred to as “insured vehicles”).

(2) The Plaintiff is also an insurer who has entered into a comprehensive automobile insurance contract (hereinafter “second insurance contract”) with respect to the F vehicle owned by E and E, setting the insurance period from January 23, 2017 to January 23, 2018.

(3) G is an insurer which has entered into an automobile comprehensive insurance contract with H and its owned vehicles, including non-life insurance coverage.

(4) The terms and conditions of the first and second insurance contracts are as follows.

Pursuant to Article 3 of the General Terms and Conditions, an insurance company shall compensate for the loss sustained by the insured from being liable for damage under Article 3 of the Guarantee of Automobile Accident Compensation Act due to the death or injury of another person caused by the operation of an insured motor vehicle.

Article 5 (Compensation for Non-Compensation) The intentional damage of a policyholder or the insured shall not be compensated by the Large Compensation I.

Provided, That where a victim has made a direct claim to an insurance company pursuant to Article 10 of the Guarantee of Automobile Accident Compensation Act, the insurance company shall, within the limit of the amount stipulated by the Guarantee of Automobile Accident Compensation Act, request the policyholder or the insured who has caused an accident to pay the amount within three years from the day following the payment of

Article 8 (Non-Compensation) (1) Any of the following damages shall not be compensated by the Act on Personal Compensation II and the Compensation for Substitutes Act:

1. Damages caused intentionally by the policyholder or the insured;

2. Damage by intention of the insured other than the named insured (damages to be compensated).

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