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(영문) 서울중앙지방법원 2015.01.23 2014가단5043932

손해배상(자)

Text

1. As to KRW 36,32,577 and KRW 24,900,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from April 27, 2007 to January 23, 2015.

Reasons

1. Occurrence of liability to pay insurance proceeds;

A. The facts of recognition 1) D is the E-vehicle on April 27, 2007 (hereinafter “accidented vehicle”). D around 13:00 on April 27, 2007

) In supplying and starting bread to the above restaurant in front of the local restaurant located in Hongcheon-gun Hongcheon-gun F by driving, due to negligence, which was operated by neglecting the ebbbbdo, the Plaintiff was unable to discover the Plaintiff, who was on the right right side of the vehicle involved in the marina accident, and was shocked to the right side of the front part of the vehicle involved in the accident, thereby causing injury to the Plaintiff (hereinafter “instant accident”).

(2) The Defendant is an insurer who entered into an automobile insurance contract for G containing a special agreement on accident security with respect to indemnifying in the event that there is a person liable to compensate for the loss incurred by the insured’s death or injury caused by an accident occurred by an non-insurance motor vehicle within the limit of KRW 200 million between B, whose father is the Plaintiff’s father. The Plaintiff is the insured under the said non-insurance special agreement.

In addition, with respect to the accident of this case, only liability insurance by Hyundai Marine Fire Insurance Co., Ltd. shall apply to the accident vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 3, 10 evidence, Eul evidence 1, 3, and 4, the purport of the whole pleadings

B. According to the above findings of the determination, since the vehicle involved in the accident inflicted on the Plaintiff as the accident in this case constitutes a non-life insurance unit that does not apply to personal compensation II, the Defendant is obligated to pay the insurance money calculated according to the above non-life insurance security terms and conditions with respect to the accident in this case

C. In this case, the driver of the vehicle involved in the accident did not discover the plaintiff who was in front of the vehicle while driving the vehicle parked and received it as it is in the process of driving the vehicle, and the negligence of the driver of the vehicle involved in the accident is significant.

However, at the time of the accident, the Plaintiff is an infant aged 1 and 5 months.