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(영문) 서울중앙지방법원 2017.11.23 2017가단5057888
구상금
Text

1. The Plaintiff:

A. (1) Defendant A: (a) 49,731,190 won and 5% per annum from November 23, 2016 to April 24, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company that has entered into a comprehensive motor vehicle insurance contract with G and H vehicles (hereinafter “Plaintiffs”). Defendant Eastern Fire is an insurance company that entered into a comprehensive motor vehicle insurance contract with Defendant A by virtue of a special agreement on limited driving of both spouses and wife drivers (hereinafter “instant insurance contract”). The Defendant Eastern Fire is an insurance company that entered into the comprehensive motor vehicle insurance contract with Defendant A and I (hereinafter “Defendant”).

B. Around 15:00 on April 5, 2015, F, a de facto spouse of Defendant A, was injured by the driver’s J and his/her son while disregarding the signal on the main road at the central tower in Chungcheongju, disregarding the left or left-hand turn, and shocking the first line among the second two opposite lines, driving the Plaintiff’s vehicle at the straight line in accordance with the new code, resulting in the injury by the Plaintiff’s driver’s J and his/her son.

(hereinafter “instant accident”). (b)

By November 22, 2016, the Plaintiff paid KRW 49,731,190 in total to J and K, etc. for medical expenses, agreed money, and repair expenses for the Plaintiff’s vehicle incurred from the instant accident.

(G) The repair cost of the Plaintiff is KRW 13,873,900.

F The instant accident occurred and the heir died, and there were C, D, and E, the legal spouse of the Defendant B, C, D, and E, and the said Defendants filed an application for approval of inheritance recognition with the Cheongju District Court Decision 2015Ra266. D.

On the other hand, the main contents of the instant special terms and conditions for limited driving (hereinafter “instant special terms and conditions”) are as follows.

Article 1 (Compensation for Loss) Where the insured limits the person to be to be driven on an automobile entered in the insurance policy to the insured and his spouse entered in the insurance policy, the insurance company shall indemnify him under the conditions as prescribed by this Special Clause.

(The spouse of the named insured in this special terms and conditions refers to the spouse under the law of the named insured or the spouse in a de facto marital relationship). The company under section 2 (Non-Compensation) shall be subject to this special terms and conditions.

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