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(영문) 수원지방법원 2020.09.10 2019가단543386
구상금
Text

The Plaintiff

(a) Defendant G is 61,442,560 won and, with respect thereto,

B. Defendant F is the money stated in each of Defendant G and each of the above paragraph.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded a business automobile insurance contract with respect to the I vehicle (hereinafter “instant vehicle”) which is an automobile for the lending business with H Co., Ltd. (hereinafter “H”) as the insured, with the insurance period set from November 27, 2018 to November 27, 2019.

B. On November 27, 2018, Defendant F entered into a long-term siren agreement with H to the effect that the instant vehicle was leased by the said Defendant for a period of 60 months. According to Article 19 of the Long-term Lease Clause between H and Defendant F, Defendant F prescribed “using the instant vehicle for oil transport or re-lease use” as one of the prohibited acts against the rental car users.

C. Defendant F leased the instant vehicle to Defendant G for the purpose of traffic business, etc., and Defendant G, around January 1, 2019, at around 24:20, when Defendant G was driving the instant vehicle on the street near the J in the insular city, conflicted with K’s Lwheeled Driving Vehicle (hereinafter “instant damaged vehicle”).

(hereinafter “instant accident”). D.

On April 25, 2019, the Plaintiff paid 950,000 won for the repair cost of the vehicle, and 60,492,560 won for medical expenses and the amount agreed upon (30,492,560 won for liability insurance) to K on April 25, 2019.

E. Meanwhile, Section 2 of Article 2 of the Insurance Terms and Conditions of the Plaintiff’s business car insurance and Article 8 (Compensation for Non-Indemnity) of the Personal Compensation for the Damages in respect of “in case the insured automobile is a rental automobile, the damage caused by an accident that occurs when the lessee uses the insured automobile at a charge or price for profit-making purposes” shall not be compensated for personal Compensation II and the Personal Compensation for Property.

(hereinafter referred to as “instant exemption clause”) / [Grounds for recognition] Gap 1 to 12, and Eul 1 to 1.

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