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(영문) 서울중앙지방법원 2016.04.28 2015나35248
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) The Defendant concludes an insurance contract under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”).

2) As to the Plaintiff’s holding company owned by SELS Co., Ltd., the Plaintiff was a special corporation entrusted by the Minister of Employment and Labor with the industrial accident compensation insurance business, and as to the Plaintiff’s holding company owned by FOF Co., Ltd., the Plaintiff’s holding company owned by FOF Co., Ltd. (hereinafter “instant holding company”).

(1) Each of the instant insurance contracts is the insurer which has entered into each of the instant insurance contracts for business use (hereinafter “each of the instant insurance contracts”).

2) At the time of the conclusion of each of the instant insurance contracts, the type of each of the instant insurance contracts stated “Tink-type construction machinery”, “kyk-type type (kyk-type)” or “kyk-type (kyk-type)”, and the collateral amount is limited to 100,000,000,000,000,000,0000,0000,0000,0000, respectively,

3) Terms and conditions applicable to each of the instant insurance contracts (hereinafter “instant terms and conditions”)

The main contents of the liability for damages are as follows. The liability for damages (A personal compensation, II, II, and II) and the term "personal compensation" refer to mandatory insurance under the Guarantee of Automobile Transport Compensation Act, and anyone who owns an automobile will subscribe to the term "personal compensation II". In addition, the term "personal compensation II" can subscribe only to the term "personal compensation I". (1) The content of the liability for damages (A) the insurance company will compensate for the damages suffered from the death or injury of another person due to the insured vehicle's accident that occurred during the possession, use, and management of the insured automobile, or the removal or damage of other property. However, the personal compensation I are limited to the automobile damage liability under the Guarantee of Automobile Accident Compensation Act. (2) The term "amount calculated according to the standard for the payment of the insurance money" and "expenses" of the terms and conditions.

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