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(영문) 서울중앙지방법원 2016.04.22 2015나52625
구상금
Text

1.The judgment of the first instance shall be modified as follows:

Defendant A shall pay to the Plaintiff KRW 2,889,289 and KRW 2,406,185.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle B (hereinafter “Defendant Company”), and the Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Company”) entered into a comprehensive automobile insurance contract with respect to the vehicle C (hereinafter “Defendant Vehicle”), which imposes “special terms and conditions for limited driving at least 26 years old,” with respect to the vehicle (hereinafter “Defendant Vehicle”), and the Defendant A is as follows:

The driver of the Defendant vehicle at the time of the accident described in the port.

1. Where the insured restricts the person to drive an automobile entered in the insurance policy to not less than 26 years of age, the insurer of the contents of compensation shall compensate under the conditions as prescribed by this special terms and conditions;

2. Non-compensationable damages (1) The Company shall not pay insurance proceeds for any accident occurred while a person under 26 years of age is driving an insured motor vehicle under this Special Terms and Conditions.

(2) Notwithstanding the above provision, if the company fails to prove that it has known the policyholder or the insured of the contents of the special terms and conditions, the company will pay insurance proceeds for the damages under the common terms and conditions such as “Ⅱ”, “personal injury”, “personal bodily accident”, “self-motor vehicle damage” and “special terms and conditions for expansion of guarantee of self-motor vehicle damage.”

4. Other provisions of this special terms and conditions shall not apply to “The Personal Compensation I”.

B. On April 5, 2014, the driver of the Plaintiff’s vehicle driving the Plaintiff’s vehicle and driving the two-lane between the two-lanes in the direction of the direction of the direction of the direction of the direction of the direction of the stop, the driver of the Plaintiff’s vehicle stopped on the side at the time of the stop on the two-lane, and changed the course into one-lane to avoid finding the Defendant’s vehicle entering the two-lane, and the D vehicle driving the same direction from the same one-lane (hereinafter “victim”) shall avoid the Plaintiff’s vehicle.

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