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(영문) 대전지방법원 2017.10.19 2017나2814
구상금
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

Basic Facts

The Plaintiff is an insurer who has entered into an automobile insurance contract with Cone Star Co., Ltd. (hereinafter “Plaintiff”) owned by B.

At the time of the instant case, the Defendant was an employee who had worked for a human resources company B, but did not have a car driver license.

Around 13:00 on December 27, 2015, the Defendant: (a) driven the Plaintiff’s vehicle and operated the Plaintiff’s vehicle on a one-lane road located in the Dog-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si; and (b) received the front part of the E Sti-ri-ri-ri-ri vehicle operated by D, which was driving in the opposite part by wrong operation of steering gear and invaded the central line, as the front part of the Plaintiff’s vehicle.

(hereinafter “the instant accident”). Due to the instant accident, D suffered injuries, such as diversified scambling, etc., which need to be treated for three weeks.

The plaintiff paid 7,543,160 won to D for treatment expenses, etc.

[Based on recognition, the defendant alleged the purport of Gap evidence Nos. 1 through 6 (which include each number), and the purport of the whole pleadings, without notifying Eul of the fact that the defendant did not have a driver's license. If the defendant knew that no driver's license exists, the defendant does not allow the driver's license to drive the plaintiff. Thus, the defendant's driver's license is clearly against the will of the registered insured person B, and thus, the defendant's driver's license cannot be viewed as "the person insured for driving" under the insurance contract for the plaintiff's vehicle.

Therefore, the defendant is obligated to pay 7,543,160 won and damages for delay paid by the plaintiff to the plaintiff.

Judgment

Under the general terms and conditions of automobile comprehensive insurance, an insurance company shall be liable for the insured's damage caused by an accident of an insured motor vehicle which occurred during the possession, use, and management of the insured motor vehicle, and the scope of the insured is ① the "registered insured" as stated in the insurance policy.

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