(영문) 서울중앙지방법원 2015.10.20 2014가단5268397

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(영문) 서울중앙지방법원 2015.10.20 2014가단5268397

공제금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In full view of the purport of the entire pleadings in Gap evidence No. 1, determination as to the cause of the claim, it is recognized that the reasons for the claim are stated in the

According to the above facts of recognition, the defendant is obligated to pay the amount stated in the purport of the claim to the plaintiff unless there is a special reason.

2. Judgment on the defendant's defense

A. The summary of the defense 1) The amount of the mutual aid agreement of this case is not the maximum amount of the mutual aid accident, but the total amount of compensation for all the accidents occurred during the mutual aid period from May 23, 2009 to May 22, 2010, which is the mutual aid agreement of this case. The victims related to the mutual aid act of B during the period from May 23, 2009 to May 22, 2010, other than the plaintiffs, also C, D, E, F, G, H, I, and J. The defendant deposited the payment of KRW 100 million, which is the maximum maximum amount of the mutual aid compensation for the above victims. The defendant's obligation to pay the plaintiff was extinguished. 2) The plaintiff's claim for mutual aid under the mutual aid agreement of this case between the defendant and B was expired after the lapse of two years from the date of the mutual aid accident.

B. 1) We examine the Defendant’s assertion on the A-1) argument.

According to the statement in Eul evidence 5, Article 2 (1) of the Terms and Conditions of Mutual Aid amended on June 11, 2008, which applies to the mutual aid agreement in this case, and enforced on January 1, 2009, provides that "the total limit of compensation for intermediary accidents occurring during the period of mutual aid to which the Association is entitled shall be limited to the amount of mutual aid subscription as stated in the certificate of mutual aid." The objective meaning of the above provision is not to set "limit per case of mutual aid accidents" but to interpret "total limit of compensation for all accidents that occur during the period of mutual aid to which a mutual aid policyholder is entitled."

On the other hand, in full view of the purport of the entire arguments in the statement No. 1 of this case, C, D, E, F, G, H, I, and J in addition to the Plaintiff.

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