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(영문) 청주지방법원 2019.10.31 2017가단101560
손해배상(자)
Text

1. On October 1, 2016, traffic accidents involving vehicles of E occurring in front of D located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-si around 04:30.

Reasons

1. The fact of recognizing the principal lawsuit and counterclaim;

A. F’s child G was driven by a F-owned E vehicle (hereinafter “instant vehicle”) around 04:30 minutes on October 1, 2016, and caused damage to F-owned vehicles, such as 550 or pottery stones (hereinafter “the instant height wall”) and pottery 13 potteries owned by the Defendant, while driving the instant vehicle in front of “D” a curios store operated by the Defendant located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-si, Seo-gu, Seo-gu, Seo-gu.

(hereinafter “instant accident”). (b)

The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the instant vehicle (hereinafter “instant insurance contract”).

C. The terms and conditions of the instant insurance contract do not compensate for damages arising from the paintings, curios, sculptures, and other art works and the personal effects of the travelers, as real compensation.

There are clauses of exemption from liability (Article 8(3)4) to that effect.

[Ground of recognition] Unsatisfy, Gap's evidence 1 to 10 (including all branches number; hereinafter the same shall apply), Eul's evidence or video, the president of the association of the appraiser's association, the result of the appraisal of the market price of I, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff is not obligated to compensate the Defendant for damages, as it is, the value of bricks damaged by the instant accident, because they constitute “ curios, sculptures, and other art works” as stipulated in the terms and conditions of the instant insurance exemption clause. Ultimately, with respect to the instant accident, the Plaintiff is not liable to compensate the Defendant for damages exceeding KRW 2,226,00,00 (including KRW 20,000,000, 21,000, 21,000,000, 21,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

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