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(영문) 부산고등법원 2020.01.16 2019나55050
구상금등 청구
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. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance, except for adding the following judgments to the allegations added by the plaintiff in this court. Thus, this case is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. (1) The summary of the claim that the terms and conditions of this case are invalid is that the mutual aid association shall pay to its members the “amount calculated by the standards for payment of mutual aid money” as mutual aid money, and if a lawsuit is filed, the amount that the members are liable to compensate for to the damage claimant according to the final and conclusive judgment, etc. shall be deemed

The terms and conditions of this case are unfairly unfavorable to a customer member, so long as a partner does not include the amount paid after an agreement is reached with the victim for prompt relief, the terms and conditions of this case are null and void in accordance with the Regulation of Terms and Conditions Act.

(2) In a case where the amount of compensation is determined by a written agreement between the insured and the victim without a final and conclusive judgment, the insurer is obligated to pay the insurance money within the limit of the amount calculated by the payment standard of the insurance money stipulated in the insurance clause. The said insurance clause is incorporated into the contents of the contract by agreement between the policyholder and the insurer who is the party to the insurance contract. In principle, the insurer may determine the insurance premium based on the insurance money to be paid under the above terms and conditions and allow it as the policyholder. Even if the amount calculated by the payment standard of the insurance money stipulated in the above insurance clause is less than the amount recognized by the final and conclusive judgment

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