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1. The Defendant’s KRW 16,238,43 of the Plaintiff and its related KRW 5% per annum from March 28, 2015 to May 23, 2017.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile insurance contract with B and C ASEAN as to the insurance period from May 7, 2013 to May 7, 2014, with a limit of KRW 200 million per person who suffered an accident without insurance coverage. The Defendant is a driver and owner of D ASEAN.
According to the terms and conditions applicable to insurance contracts between the plaintiff and B, the injury of an non-insurance motor vehicle is defined as follows:
Article 1 (Definitions of Terms)
5. Non-insurance motor vehicles: The insured motor vehicles other than the insured motor vehicles shall be those which fall under any of the following:
In this case, the term "motor vehicles" means motor vehicles under the Automobile Management Act, construction machinery under the Construction Machinery Management Act, vehicles under the Act on the Management of Military Supplies, motorcycles under the Road Traffic Act, and agricultural machinery under the Agricultural Mechanization Promotion Act, except the motor vehicles owned by the insured.
Motor vehicle that has no automobile insurance accident liability II or mutual aid contract;
(b) Automobiles which fall under the cases of not compensation in automobile insurance, personal compensation II or mutual aid contract;
(c) A motor vehicle to which the large compensation limit is less than the amount that can be paid under the terms and conditions of this contract applies: Provided, That there are not less than two motor vehicles which have killed or injured, and the total sum of the amounts of compensation in the automobile insurance Class II or the contract for mutual aid applied to each motor vehicle is less than the amount that can be compensated under the terms and conditions of this contract; and
(d) Where the insured is dead or his excessive motor vehicle is not clearly identified, such motor vehicle; in injury caused by an insured motor vehicle as stipulated in Article 16 (Compensation for Loss), if the insured dies or is injured by an accident caused by an insured motor vehicle, the insurer shall compensate for the damage caused by such death or injury.