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(영문) 서울중앙지방법원 2019.01.15 2018나2522
부당이득금
Text

1. The judgment of the first instance, including the Plaintiff’s claim selected by this court, is as follows.

Reasons

1. Basic facts

A. 1) Defendant C entered into an insurance contract with the Plaintiff on May 19, 2015 (hereinafter “instant vehicle”). Defendant C is a D vehicle owned by the said Defendant (hereinafter “instant vehicle”).

(1) As to Defendant C, the insured period: from May 19, 2015 to May 19, 2016, the coverage of the insurance policy: personal injury I, personal injury II (unlimited) and personal injury (one accident: 10,000, discretionary: 190,000, total amount of KRW 200,000), self-vehicle damage [23,000,000, and self-paid amount: 20% of the amount of damages (minimum: 200,000, maximum amount of KRW 50,000,00), and alternative transport expenses:0]; and the insurance contract was concluded by adding “unlimited driving special agreement” (hereinafter referred to as “instant insurance contract”).

2) The insurance terms and conditions of the instant insurance contract include the following:

(hereinafter referred to as the “instant insurance clause”). In Section 1 of the General Terms and Conditions, Section 4 (insured) of Section 4 of the Personal Compensation I, the term “insured” means a person who falls under any of the following: (a)

1. A registered insured (the insured specified by the policyholder from among those who own, use, and manage the same vehicle as the insured and stated in the name of the insured column of the insurance policy);

2. A relative insured person (a relative who, as a relative, lives or lives together as an insured person and who uses or manages an insured motor vehicle);

3. In Section II of Article 2 of the Insured (a person who uses or manages an insured motor vehicle with the consent of the Insured) and Section II of Article 7 of the Personal Compensation for the Insured and Section II of the Substitute Compensation for the Insured means a person who falls under any of the following:

1. A registered insured (the insured specified by the policyholder from among those who own, use, and manage the same vehicle as the insured and stated in the name of the insured column of the insurance policy);

2. Insured motor vehicles as relatives who live or live together as the insured of relatives.

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