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(영문) 서울중앙지방법원 2018.02.01 2017가단5193241
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of litigation are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. D Co., Ltd. concluded an automobile insurance contract with respect to the amount of benz E-car owned by the Plaintiff (hereinafter “Plaintiff”) on May 31, 2016, from May 31, 2016 to May 31, 2017, with respect to the Defendant, the Plaintiff, the Plaintiff from May 31, 2016, KRW 2,59,370, self-owned vehicle damage amounting to KRW 149,230,000, and KRW 26,59,370 due to limited driving by an executive officer or employee.

(hereinafter “instant insurance contract”). (b)

In the insurance clause of this case, the damage incurred by the insured while driving under the influence of alcohol is not compensated, and the drinking driving is defined as driving under the influence of alcohol under the Road Traffic Act (not less than 0.05% of blood alcohol concentration).

C. On February 17, 2017, around 19:00 to 23:05, the Plaintiff’s executive officers (internal directors) called the Plaintiff’s meeting with 13 customer employees at Gcafeteria located in Songpa-gu Seoul, Songpa-gu, Seoul. At the time, 3 Macju and 29 disease were consumed.

Since then, F and its employees moved to singing places above, and stayed until February 18, 2017.

On February 18, 2017, when the customer employee was a proxy engineer around 01:28, the proxy engineer was driving the Plaintiff’s vehicle and did not have the F to arrive at the second floor parking lot of H apartment in the Namyang-si, the residence of the F on February 18, 2017, and did not occur but did not occur.

E. On February 18, 2017, around 03:30 on February 18, 2017, approximately one hour after driving the Plaintiff’s vehicle, and then driving the Plaintiff’s vehicle on the second floor, resulting in an accident of collision between the left-hand wall and the reflectors by straighting the ndro, among the Dos listed as the first floor at the underground parking lot.

hereinafter referred to as "the accident of this case"

(B) The Plaintiff spent KRW 37,600,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident. A prosecutor is not guilty of non-prosecution disposition on the ground that it is difficult to prove that F is driving under the influence of alcohol with a blood alcohol concentration exceeding 0.05%.

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