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1. The Defendant’s KRW 1,983,518 as well as the Plaintiff’s annual rate of 5% from October 21, 2014 to July 28, 2017.
Reasons
1. Basic facts
A. The Plaintiff is the wife B, and the Defendant is an insurance company that entered into an automobile insurance contract with B with respect to the liability for damages arising from an accident resulting from the operation of Cren vehicle (hereinafter “instant insurance contract”).
B. B, while parked the above vehicle on March 13, 201, around 14:40, without recognizing that the Plaintiff, on the back-side of the steering chief, moved to the future of the above vehicle without recognizing that the Plaintiff was getting out of the vehicle. As a result, there was an accident involving the Plaintiff’s right side of the vehicle (hereinafter “instant accident”).
C. The instant insurance contract includes a special agreement on indemnity for actual loss of one’s own bodily injury (the subscription amount: KRW 100 million for death and disability; KRW 30 million for injury; hereinafter “instant special agreement”). Meanwhile, the terms and conditions of the said insurance contract provide for the exemption from liability II for personal injury as follows (hereinafter “instant exemption clause”).
[16] Matters that an insurance company does not compensate for (exempt matters)
1. Where he/she is dead or injured by any of the following persons:
(a) A registered insured person or his/her parents, spouse, and children;
(b) A person who is driving an insured motor vehicle (including an assistant driver), or his parent, spouse, and child;
(c) A person who operates an insured automobile with permission from the insured insured, or its parents, spouse, and children;
D. As regards the above “B” and “C”’s “parent, spouse, and child”, if the insured’s legal liability is established, then he will compensate for the loss.
On the other hand, the Defendant paid a total of KRW 11,730,140 to the Plaintiff or the Plaintiff’s medical institution as insurance money due to the instant accident.
[Grounds for Recognition] Unsatisfy or described in Gap evidence 1, 5 and Eul evidence 2, 5 and 10.