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(영문) 춘천지방법원 강릉지원 2018.10.02 2018나30518
보험에관한 소송
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On February 10, 2014, the Plaintiff concluded an automobile insurance contract (hereinafter referred to as “instant insurance contract”) including the Plaintiff and the insurance period from February 28, 2014 to February 28, 2015, with respect to Hyundai Cargo Damage Insurance Co., Ltd. and BSP car owned by the Plaintiff (hereinafter referred to as “Plaintiff”) with respect to the Plaintiff’s automobile insurance contract including the insurance amount of KRW 50,000,000,000, respectively, at the time of death, after the death, disability, and injury (hereinafter referred to as “instant self-physical accident insurance”).

Article 12 (Compensation for Loss) An insurance company shall be bound to compensate for any loss resulting from any of the following accidents, which occurred while the insured owns, uses, or manages an insured motor vehicle:

1. The following losses caused by the operation of an insured motor vehicle shall not be compensated by the "self-physical accident" under Article 14 (Non-Compensation for Loss):

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) The types and limits of insurance money to be paid by the insurance company in its own physical accidents shall be as follows:

2. When the injured insured requires medical treatment as a direct result of the injured's injury, the amount of insurance coverage under the Schedule of 1. Injury Classification and of Amount of Insurance Coverage according to Grade 3 of the "Standards for Payment of Self-Physical Accidents" shall be the limit.

Article 16 (Calculation of Insurance Money to be Paid) (1) The insurance money to be paid for the death, injury or disability of one's own physical accident shall be calculated in the following manner:

However, the "expenses" shall not be paid if the "amount of deduction" does not occur.

Insurance money to be paid = Expenses actually damaged - deducted amount

1. The actual amount of damage shall be calculated in accordance with the criteria for payment of injury by a substitute or non-life-free motor vehicle in Schedule 1, or shall be charged.

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