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(영문) 서울중앙지방법원 2016.11.11 2016나5268
보험금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On November 13, 2013, the Plaintiff entered into a management lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, setting the acquisition cost as KRW 80,901,530, monthly lease fee of KRW 1,648,800, and the lease term of KRW 48 months as follows with respect to the Plaintiff’s automobile B, the registration of which was completed as of November 1, 2013, and as of KRW 80,90,530, monthly lease fee of KRW 1,648,80, and the lease term of KRW 48 months.

Article 3 (Responsibilities of Customers) (2) Ownership of leased motor vehicles shall be held by financial companies, and customers shall have only the right to benefit from use.

Article 15 (Misappropriation, Loss, or Damage of Motor Vehicle) (1) The customer shall be responsible for any accident that damages the normal function, appearance, and possession of the motor vehicle, such as theft, loss, or damage, from the time of the acquisition of the motor vehicle to the financial company for any reason such as the termination of the lease contract, etc.

(2) If a motor vehicle is stolen, destroyed, or damaged, the customer shall without delay notify the financial company and fulfill any of the following matters at the customer's expense:

1. The motor vehicle shall be completely restored to its original function, appearance, and possession;

2. To replace the existing automobiles with the same automobiles as models, specifications and components;

(hereinafter referred to as "insurance management by customers") 1. The customer may directly deal with all matters related to the insurance management, such as the selection, limit of compensation, subscription, renewal, and dealing with accidents.

(2) In cases falling under paragraph (1), a comprehensive motor vehicle insurance contract shall be concluded with a financial company as a pledgee for insurance claims for its own motor vehicle damage, and with an insurer with a special agreement for a new special agreement and with an estimated total loss, the insurer shall subscribe to the comprehensive motor vehicle insurance contract for the estimated total loss during the lease period.

Article 19 (Receipt of Insurance Money) (1) When an insured incident occurs, automobiles shall be paid according to insurance contracts concluded pursuant to Articles 16 and 17.

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