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(영문) 서울고등법원 2017.01.12 2015나2055005

보험금

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1. In the trial of the party, the plaintiffs' selective additions, the claims extended by the plaintiffs B, and the plaintiff B.

Reasons

1. On July 14, 2014, at around 23:30, 2014, F driven by G New Zealand XD motor vehicles (hereinafter “instant motor vehicles”) and carried out two-lane roads of the upper parallel line of 17:00 square meters in speed from the right side of the instant motor vehicle to the right side of the instant motor vehicle, at the speed of about 70 kilometers in length, from the right side of the mountain village road in front of the mountain village road, which is located in the documentary movable road at the time of the net hour. However, F concealed the back portion of the left side of the Gyeongnam, which H driven, to the right side of the instant motor vehicle.

(hereinafter “instant accident”). The instant accident died on the job. H died.

(2) The instant motor vehicle was subscribed to a comprehensive insurance policy (hereinafter “the instant insurance policy”) of the Defendant (formerly before the change: ELI) under the condition that the insured F, the insurance coverage period from May 1, 2014 to May 1, 2015, the large-scale compensation 1 (the amount prescribed by the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act) and the large-scale compensation 2 (one person) are limited to the large-scale compensation, etc. (hereinafter “instant insurance”).

(3) The Plaintiffs are the deceased’s successors, who are the children of the deceased, and Plaintiff A, C, D, and E are the deceased’s spouses.

(4) On July 18, 2014, Plaintiff B received criminal agreement amounting to KRW 25,000,000 according to the instant accident from F. On the same day, Plaintiff B and F drafted an agreement with the following contents on the same day:

(A) The victim is F, and the victim is the deceased). The agreed amount of KRW 25 million shall be agreed.

(a) A perpetrator shall pay the above money to the representative of the victim's bereaved family as part of the statutory damages.

B. The victim’s bereaved family members are paid the above amount and are not subject to punishment for the perpetrator.

Transfer of Claims

A. The above agreed amount has been transferred to the representative of the victim's bereaved family because the perpetrator acquired the right to claim insurance against the insurance company with respect to the above amount due to the payment of the agreed amount as part of the compensation for damages.

B. In order to clarify the validity of the assignment of claims above, the perpetrator is immediately a motor vehicle.