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(영문) 대법원 2020.04.09 2019다210956
손해배상(기)
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The lower court determined that the Defendant could not claim the exemption clause of this case as the content of the liability insurance contract of this case, on the ground that the evidence submitted by the Defendant alone is difficult to view that the Defendant fulfilled the duty to explain the exemption clause of this case to B at the time of the liability insurance contract of this case, and there is no other evidence to acknowledge it, and there is no ground to interpret that the Plaintiff cannot claim any violation of the duty to explain.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on the breach of the duty to explain the insurance terms.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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