beta
Text
1. The Defendant’s KRW 35,724,898 and its related costs to the Plaintiff are 5% per annum from May 12, 2020 to January 8, 2021.
Reasons
1. Basic facts
A. (1) On September 12, 2016, C, the Plaintiff’s spouse, entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with the Defendant, an insurance company, including the insured C, the insurance period from September 17, 2016 to September 16, 2017, including a special agreement on injury by an non-insurance vehicle (up to KRW 200 million per person) with respect to the secured vehicle.
The relevant provisions of the Defendant’s automobile insurance terms and conditions (hereinafter “instant insurance terms and conditions”) are as follows:
In addition, the specific payment criteria for insurance money are specified in the defendant's automobile insurance terms (BA No. 9).
Section 2 In the "injury caused by Non-Insurance Motor Vehicle" Article 17 (Compensation Damages), an insurance company refers to a person who is legally liable for damage caused to the insured as a result of the insured's death or injury caused by an accident caused by Non-Insurance Vehicle No. 17 (Compensation Damages).
If any, it shall be compensated for as prescribed in this Clause.
Article 18 (Subject Matter) In the “injury by Uninsured Vehicles”, the Insured shall be as follows:
1. The spouse of the named insured and the named insured (I do not question whether he/she was on board the insured motor vehicle);
Article 20 (Calculation of Insurance Money to be Paid) The insurance money to be paid by an insured automobile shall be calculated as follows:
Insurance money to be paid = Expenses calculated by the standard for payment of insurance money - deducted amount
1. The insurance money paid as above is the insurance amount stated in the insurance policy "I do not exceed the insurance amount stated in the insurance policy for the insured."
2. The above deductible amount refers to the following amount:
(a) the Grand Compensation I (including liability deductions and government assistance projects);
(d) the amount payable by the Corporation.