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(영문) 서울중앙지방법원 2018.08.22 2016가단5167146

손해배상(자)

Text

1. Defendants B and D jointly and jointly with Defendant Hyundai Marine Fire Insurance Co., Ltd. are jointly and severally with Defendant D on 187.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) Defendant B’s vehicle E owned by Defendant D (hereinafter “Defendant vehicle”) around December 30, 2013, around 23:45, December 30, 2013

) A driving of the Plaintiff, while proceeding a road near the Seoul Gangdong-gu Seoul Metropolitan Government F, was going to a non-protective left-hand turn from the direction of the vocational training institute, the G Rotoba part of the Plaintiff’s G Hatoba, who is straighted in accordance with the new code, is shocked with the front-hand part of the Defendant’s vehicle, and the part of the Plaintiff’s face, which was used on the road, was sent to the front front-hand part of the Defendant’s vehicle (hereinafter “instant accident”).

(2) The Plaintiff suffered injury, such as the entire frame, etc., in the instant accident.

3) Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Hyundai Sea”).

) The Defendant D is an insurer who entered into an automobile comprehensive insurance contract with respect to the Defendant vehicle, and the Defendant B is the mother of the Defendant D. [Grounds for recognition], Gap’s evidence 1, Eul’s evidence Nos. 5 and 6 (including household numbers, the purport of the entire pleadings).

B. According to the above recognition of liability, Defendant B and D are liable to compensate the Plaintiff for the damages incurred by the instant accident as the operator of the Defendant vehicle, barring any special circumstance, as the Plaintiff sustained injury due to the operation of the Defendant vehicle, and the liability between the said Defendants constitutes a joint and several liability.

In addition, Defendant Hyundai Sea is liable to compensate the Plaintiff for the damages caused by the instant accident, unless there are special circumstances, as the insurer of Defendant Hyundai Sea.

On the other hand, the defendant Hyundai Sea asserts that since the accident of this case occurred during the non-licensed driving of the defendant B, who is the insured, the insurer, the liability insurance money is not borne by the Minister of Health and Welfare in accordance with the insurance policy.

In full view of the evidence Nos. 3 through 5 of this case, the terms and conditions of the instant comprehensive automobile insurance contract.