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(영문) 서울중앙지방법원 2017.11.14 2017나45041
부당이득금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

A. The Plaintiff (as regards vehicles A and B, and vehicles C), the Defendant (as to vehicles D and E), the Dong Fire and Marine Insurance Co., Ltd., the Hyundai Marine Fire and Marine Insurance Co., Ltd., and the Mez Fire and Marine Co., Ltd. are insurers who have concluded a comprehensive automobile insurance contract with each of the F’s relatives and their respective relatives as the named insured, and each of the above contracts includes a non-automobile accident insurance contract.

Among them, the plaintiff and the Hyundai Marine Fire & Marine Insurance Co., Ltd. are two insurers of each insurance.

B. According to the terms and conditions of each of the above non-life insurance coverage, F is included in the insured, and the payment criteria of the non-life insurance premium for each of the above insurance contracts are the same.

Details of the relevant terms and conditions are as follows:

In the injury caused by a non-life insurance motor vehicle which is covered by Article 17, an insurance company refers to a person who is liable for legal liability for damage caused to the insured by the death or injury of the insured caused by an accident caused by an non-life insurance accident. If there is any indemnity, the insurer shall be bound to compensate as prescribed by this Clause.

Article 18. (1) In case of injury of an insured automobile, the insured shall be as follows:

1. The spouse of the registered insured and the registered insured (I do not question whether he/she was on board the same kind of insured);

2. A registered insured person or the parents and children of his/her spouse (whether or not he/she was on board the insured vehicle);

C. F. On June 12, 2014, at the entrance distance of Hebling G, 11:30 on Jun. 12, 2014, while driving the obbane from the entrance distance of Hebling G, making the left-hand turn from the right edge of the I driver’s horse, who first entered the front of the sports facilities from the left-hand side to the front-hand edge of the I driver’s horse while stopping.

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