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(영문) 서울동부지방법원 2020.12.04 2019나30367

보험금

Text

The judgment of the first instance court is modified as follows. A.

The Defendant (Counterclaim) is the scope of the property inherited from the network B.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Under the underlying facts, facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings and video images as stated in Gap evidence 2, 3, 6-10, and Eul evidence 1-5, and 8.

The Plaintiff is an insurer who has entered into an automobile insurance contract with C and D (hereinafter referred to as “Plaintiff”) with respect to the vehicle, and B is the driver of the E small-si (hereinafter referred to as “Defendant vehicle”).

B. B, around 05:20 on February 28, 2013, when driving the Defendant vehicle, and driving the Defendant vehicle in Sungnam-si, conflict with the part of the Plaintiff’s right side of the vehicle directly driving at the speed of 56:2.62.9km in the direction of the Defendant vehicle (9m in width and 15m in the opposite line) more than the two-lane (30km in the speed of 56.2-62.9m in the opposite line) between the two-lane (12m in the width of the two-lane) and the two-lanes of the two-lane (30km in the opposite line) at the right side of the vehicle directly driving at the speed of 56.2-62.9km in the direction of the vehicle.

(hereinafter “instant accident”). C.

The signal lights of the intersection in this case were all the direction of the two vehicles at the time of the accident, such as yellow light signal, etc. D.

B was hospitalized from February 28, 2013 to October 12, 2013 after the instant accident, and received hospital treatment even thereafter.

E. From April 10, 2013 to January 15, 2015, the Plaintiff paid to B KRW 21,906,920 as medical expenses, and KRW 2.3 million as the compensation for damages from August 5, 2013 to February 17, 2015.

F. Meanwhile, while the appeal of this case was pending, B died on March 19, 2020 (hereinafter “the deceased”), and B and her wife N and P were the deceased’s inheritors, but the deceased’s children reported the renunciation of inheritance on June 17, 2020, and was tried on July 24, 2020 by the Seoul Family Court 2020Ra341, and the deceased’s wife N was the deceased’s property.