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(영문) 광주지방법원 2018.09.05 2017가단525727
보험금
Text

1. As to KRW 8,640,686 and KRW 6,851,080 among the above money and KRW 1,789,60 from December 30, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On October 13, 201, C, the father of the Plaintiff, concluded a contract between the Defendant and the insured through D, an insurance solicitor of the Defendant, to October 13, 201, from October 13, 201 to October 13, 2081, to KRW 98,920, and the insured as the Plaintiff (hereinafter “instant insurance contract”).

B. At the time of entering into the instant insurance contract, the Plaintiff notified the Defendant of his occupation to “company: workplace: F, business type: Tax and specific handling: Business.”

Accordingly, the defendant regarded the plaintiff's occupation as a business of the tax sector, and concluded a contract by applying the premium rate based on the special terms and conditions below to "private driver's premium rate".

According to the plaintiff's calculation method of insurance premiums, the rate of office (class 1) in the case of traffic accident settlement subsidy is 0.00013754, insurance premium is 4,126, and the rate of business driver (class 3) is 0.006027, insurance premium is 18,068.

In the case of a fine, the rate of office(class 1) is 0.00002135, 427 won for insurance premium, 0.002386 for business driver(class 3) and 4,772 won for insurance premium.

C. The main contents of the instant insurance contract are as follows.

According to the special terms and conditions of the traffic accident settlement subsidy, the defendant shall pay the amount of money paid as a criminal agreement within the limit of 30 million won to the insured within the limit of "where the insured dies of another person due to a sudden and remote accident while driving a motor vehicle."

However, according to Article 3 subparagraph 6 of the above special terms and conditions, the defendant does not pay insurance proceeds in the case of "in the case of an accident that occurs while the insured is driving for business purposes of a motor vehicle".

According to the terms and conditions of a fine, “where the insured has paid a fine that he/she received as a result of an accident causing bodily injury to another person while driving a motor vehicle,” the Defendant shall be equivalent to the fine within the limit of 20 million won per accident.

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