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(영문) 창원지방법원 2015.06.02 2014나8657
부당이득금반환
Text

1. The part against the defendant A in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant A is dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff and the Defendant entered into an automobile insurance contract (hereinafter “instant insurance contract”) with the term “the insured: the Defendant, the insurance period: from August 27, 2012 to August 27, 2013; the personal compensation limit: the personal compensation limit: KRW 100,000; KRW 2,000,000; KRW 100,000; and KRW 100,000,000; and

B. On July 4, 2013, B, who was working in the Defendant’s workplace, was under the influence of alcohol of 0.26% without obtaining a driver’s license, and was driving the instant vehicle at the speed of 0.26%, and driving the instant vehicle at the speed of 0.26%, and driving the instant vehicle at the front of the Chungcheong-gun apartment at the speed of Jinari-gu, Jinhae apartment at the speed of 1:40km at the speed of Si/Gun/autonomous apartment at the speed of 1:0 square meters at the speed of 1:0, while driving the instant vehicle at the speed of 40 centimeters at the speed of the Si/Gun/autonomous apartment at the speed of Yari-dong, the front part of the e-ro taxi operated by D, who was directly driven pursuant to the new subparagraph, in the opposite direction of B, and inflicted injury on D

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

On July 10, 2013, the Plaintiff paid KRW 1,290,000 to D as damages, based on the personal indemnity insurance among the instant insurance contract, and paid KRW 1,931,710 as the repair cost of E, based on the personal indemnity insurance.

According to the terms and conditions applicable to the insurance contract of this case, in case where the insured has paid the insurance proceeds pursuant to the "Large Person Compensation I", "Large Person Compensation II" or "Large Person Compensation" due to an accident that occurred while a driver of an insured motor vehicle under drinking or unlicensed driving or under the explicit implied approval of the insured, the insured shall immediately pay the accident charges of KRW 2 million for the first accident and KRW 50,000,000 for the insurance company.

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