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(영문) 인천지방법원 2017.09.08 2014가단78767

손해배상(자)

Text

1. The Defendant’s KRW 5,362,056 for the Plaintiff and KRW 2.5% per annum from December 12, 2014 to September 8, 2017.

Reasons

1. Facts of recognition;

A. On May 7, 2012, around 22:40, the Intervenor C (hereinafter referred to as the “C”) driven a D vehicle (hereinafter referred to as “Korean vehicle”) and neglected his/her duty of care to verify the course safety by looking at the front part of the Plaintiff’s E-vehicles (hereinafter referred to as “Plaintiff’s vehicle”) who was parked on the bend part of the front part of the vehicle due to negligence, even though he/she neglected his/her duty of care to ensure the safety of the course, when he/she driven the road near the bendle of the Sinsi-dong, Singu, Singu, Sin-dong, in the front part of the road.

(hereinafter “instant accident”). (b)

The Plaintiff suffered injuries, such as brain-dead sugar and sacrine salt, etc., due to the instant accident.

C. The Plaintiff’s mother entered into an automobile comprehensive insurance contract containing a special agreement on indemnity against an uninsurance motor vehicle, the content of which is to compensate the insured and his/her spouse, children, etc. for any accident caused by an uninsured motor vehicle (hereinafter “instant terms and conditions”). The main content of the instant terms and conditions is as set forth in attached Form 1.

A. The vehicle was subscribed only to the liability insurance of the Defendant’s Intervenor’s Intervenor’s Intervenor’s interesting fire and marine insurance company (hereinafter “interesting fire”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Occurrence of liability for the payment of insurance money;

A. According to the fact that the above facts are established as the basis of liability, the automobile constitutes an non-insured automobile under the terms and conditions of this case, and the plaintiff suffered an injury due to the accident in this case caused by the non-insured automobile, and thus, the defendant is liable to pay the plaintiff insurance money under the non-insured automobile injury security agreement.

(b) limitation of liability;