(영문) 서울남부지방법원 2019.11.28 2018나69736

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(영문) 서울남부지방법원 2019.11.28 2018나69736

구상금

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff entered into a comprehensive motor vehicle insurance contract with C with respect to D motor vehicles, and entered into a special agreement between C’s father E to pay the amount of loss if C’s father E is a non-insurance motor vehicle (hereinafter “instant non-insurance accident insurance special agreement”).

B. The Defendant entered into a comprehensive automobile insurance contract (hereinafter “Defendant’s insurance contract”) with F as the registered insured with respect to the G vehicle owned by F (hereinafter “Defendant vehicle”).

Article 8(1)8 of Part II of the General Terms and Conditions of the Defendant Insurance Contract provides that “The loss caused by an accident that occurred when the insured himself/herself has driven without a license or when the driver of an insured motor vehicle has driven without a license under the explicit or implied approval of the named insured” shall not be compensated in Section II (hereinafter “instant Non-licensed Driving Clause”).

C. Around 11:40 on June 1, 2016, H, the husband of F, was driving the Defendant’s vehicle without a driver’s license and driving the Defendant’s vehicle at a two-lane speed in the lower-nam city, JJ level, and the left turn to the left at the Tin Intersection, and was negligent in neglecting the duty to turn to the left at the right side of the Defendant’s vehicle, and led to E crossing the said road from the left side of the Defendant’

(hereinafter “instant accident”). E is a male under 81 years of age, and due to the instant accident, E suffered injuries, such as blood transfusion, etc. from two traumas within which the treatment period cannot be known.

The Plaintiff paid KRW 161,838,580,000 in total for E’s medical expenses until March 22, 2018 according to the instant non-insurance coverage agreement, and received KRW 15,000,000 from the Defendant until November 28, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, 8, 9, Eul evidence Nos. 1 and 8, the purport of the whole pleadings

2. The plaintiff's assertion was caused by the negligence of the driver of the defendant's vehicle.

유사 판례

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