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(영문) 서울남부지방법원 2020.07.10 2019나62664
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The insured shall pay the following accident charges to the insurance company in the event that the insurance company pays the insurance proceeds under Article 11 of the Basic Fact-Findings (Charge for Accidents Related to Driving or Unlicensed Driving) (1) The insured shall pay the following accident charges to the insurance company if the driver of the insured motor vehicle pays the insurance proceeds under Article 11 of the Personal Compensation I, the Personal Compensation II or the Personal Compensation Act due to an accident that occurs while drunk driving or Unlicensed Driving, or under the explicit or implied approval of the insured.

1.A sound driving accident charge: 3 million won per accident and 1 million won per accident; 2. A driver's operating accident charge without a license: A driver's license for the personal injury charge: 3 million won per accident and 1 million won under the Personal Compensation for the Personal Compensation for the Personal Compensation for the Personal Compensation for the Personal Compensation for the Personal Accident.

A. On September 28, 2017, the Plaintiff entered into a comprehensive motor vehicle insurance contract with the Defendant and the insurance period from September 28, 2017 to September 28, 2018 with respect to D motor vehicles (hereinafter “insured motor vehicles”). Article 11(1) of the Insurance Terms and Conditions applicable to the said contract provides that “the cost of accidents related to driving without a license or without a license” as follows:

B. On July 15, 2018, Nonparty C, while driving an insured motor vehicle under the influence of alcohol at a 0.069% of the blood alcohol concentration on July 15, 2018, Nonparty C caused an accident of shocking the rear part of Nonparty C’s F vehicle that was changed on the front bank.

(hereinafter referred to as “instant accident”). C.

In accordance with the above insurance contract, the Plaintiff paid KRW 24,198,590 insurance money to medical expenses and agreed amount under the Act on Compensation for Damages caused by the instant accident, and KRW 2,386,000 insurance money to the Water Compensation Act as the repair cost.

[Evidence Evidence] Unsatisfy, Gap evidence Nos. 1 through 7 (including paper numbers), the purpose of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the non-party C is insured by the non-party C, the named insured.

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