beta
(영문) 서울남부지방법원 2018.10.04 2018나56433

구상금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. The judgment of the court of first instance is ordered.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to C and D vehicles (hereinafter “Plaintiffs”). The Plaintiff entered into a “special agreement on indemnity for damage caused by the death or injury caused by an accident resulting from the non-life insured.”

(2) Defendant A is the owner of the vehicle E (hereinafter “Defendant”) and Defendant B is the child of Defendant A.

B. Around August 2, 2016: (a) around 08:17, Defendant B, who caused an insured incident, driven the Defendant vehicle on the road near the closing rock of Seongbuk-gu Seoul Metropolitan Government, leading the Defendant vehicle to a three-lane; (b) changed to a two-lane, and (c) changed to a two-lane, the lower part of the lower part of the Plaintiff’s right side of the C driver’s vehicle driving in a two-lane straight.

(hereinafter “instant accident”). Due to the instant accident, “F, the seater of C and the Plaintiff’s vehicle, was injured by the cathere, tensions, etc., which require approximately two weeks of treatment, and the Defendant’s vehicle was accompanied by G, H, I, and Jdo injuries.

C. (1) The Defendant’s vehicle was only subscribed to liability insurance for modern marine fire insurance at the time of the instant accident, and thus constitutes “non-insurance motor vehicle” under the instant insurance contract.

(2) The Plaintiff paid 2,73,490 won, F 2,870,270 won, and 1,140,060 won to G until September 27, 2016, and 1,162,910 won, and 1,07,807,800 won to J as liability insurance proceeds from modern maritime fire insurance by June 15, 2017, as liability insurance proceeds, and as liability insurance proceeds from modern maritime fire insurance (hereinafter referred to as G, H, I, and J), 2,00,00 won (liability insurance proceeds from each liability insurance proceeds from G, H, I, and J), and 20,00 won (hereinafter referred to as 50,000 won), 20,000 won, 20,000 won, 20,000 won, 20,000,000 won, 203,2017, 2003.

[Reasons for Recognition] There is no dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, and the court of first instance.