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(영문) 부산지방법원 2016.07.05 2015가단217870
구상금
Text

1. Defendants B, C, and Defendant’s succeeding intervenors jointly with the Plaintiff as well as KRW 22,415,091 on January 23, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an automobile comprehensive insurance contract with F and G Liber (hereinafter “Plaintiff”) with respect to the insurance period from February 28, 2012 to May 28, 2013. The said contract includes an injury security agreement under which H, a F’s child, suffers injury by an uninsured car (hereinafter “non-insurance special agreement”).

On the other hand, D Co., Ltd. (hereinafter “D”) is an insurer who has entered into an automobile comprehensive insurance contract with Defendant C with respect to the ISP car (hereinafter “Defendant”) and is the husband of Defendant C.

B. Around 18:00 on March 27, 2013, Defendant B driven the Defendant’s vehicle with a blood alcohol content of 0.278% without a car driver’s license, and driven the Defendant’s vehicle at the opposite lane, the front part of the Plaintiff’s vehicle driven by H in the opposite lane due to negligence over the center line, while driving the yellow-ray road at the center of the yellow-ray line located in the Seoyang-do, Cheongyang-do, Seoyang-do, Cheongyang-do, Seoyang-do.

(hereinafter “instant accident”). Due to the instant accident, H suffered from the injury of sub-chapters and sub-chapters that require six weeks’ medical treatment.

C. Although H demanded the payment of insurance proceeds for the damage caused by the instant accident to D, the insurer of the Defendant vehicle, the Defendant vehicle: (a) however, D asserted that Defendant B was exempted from liability under Article 2 of the Personal Compensation Insurance Act on December 31, 2013 on the ground that Defendant C was involved in driving without a license with the explicit implied approval of Defendant C, the named insured, and paid to the Plaintiff only KRW 2,400,000 (i.e., medical expenses KRW 467,631, KRW 1,932,369) by asserting that the Defendant B was exempted from liability under Article 2 of the Personal Compensation Insurance Act.

As a result, the defendant vehicle falls under the "non-insurance vehicle" under the standard terms and conditions of automobile insurance.

On December 19, 2013, according to the non-insurance special agreement, the Plaintiff was the medical expenses of H on December 19, 2015.

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