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(영문) 서울중앙지방법원 2016.05.20 2015가합563299
보험금청구채권존재 확인
Text

1. With respect to traffic accidents listed in attached Form 1, the plaintiff is the defendant based on the insurance contract listed in attached Form 2.

Reasons

1. Basic facts

A. On June 13, 2015, the Plaintiff’s mother B entered into an insurance contract with the Defendant as indicated in attached Form 2 (hereinafter “instant insurance contract”) between June 13, 2015 and the period from June 13, 2015 to June 13, 2016.

B, at the time of entering into the instant insurance contract, subscribed to a special agreement on coverage by non-insurance (hereinafter referred to as “instant special agreement”) and a limited driving agreement for one named insured. The contents of the instant special agreement are as follows.

1. The terms and conditions of this special contract may be subscribed only when the insured is an individual who is an insured person and the insured motor vehicle is a class 3 driver, class 4 driver's license.

2. The content of compensation ① An insurance company (hereinafter referred to as the “company”) shall be deemed to be an insured motor vehicle under ordinary terms and conditions as stipulated in Section II of the ordinary terms and conditions, property compensation, personal physical accident, special terms and conditions of an automobile injury, and special terms and conditions of an automobile accident, in case the insured has suffered from an injury by the insured as a legal liability for damages due to a substitute or substitute accident that occurred while driving another motor vehicle (excluding parking or stopping; hereinafter the same shall apply) or by the insured, the insured shall be deemed to be an insured motor vehicle under ordinary terms and conditions.

The term "other motor vehicles" in this Special Clause means the same kind of motor vehicles as the insured motor vehicles (including multiple passenger motor vehicles), light motor vehicles, three-class buses and four-class trucks, which fall under any of the following subparagraphs:

(i) a motor vehicle that is not a registered insured and whose parents, spouse or children are owned or used normally;

B. On June 20, 2015, the Plaintiff in the occurrence of a traffic accident (hereinafter “instant vehicle”) is a D New EM car at around 11:35.

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