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(영문) 대전지방법원천안지원 2016.11.30 2012가단745565

구상금

Text

1. The Defendant’s KRW 108,988,580 and KRW 44,907,30 among the Plaintiff’s KRW 108,98,580 and the remainder 64,081.

Reasons

1. Facts of recognition;

A. 1) On August 1, 2010, the Defendant: (a) around 14:35, 2010, BST1300 Orala (hereinafter “the instant Orala”).

ii)A network C (hereinafter referred to as “the network”) which has been driven by a driver and cross-driving the road on the left side of the lived vehicle due to the rupture of the central line in order to overtake the vehicle, which has been parked in a lived by the lived vehicle in front of the lived road in the lived area of the lived road in front of the lived road in the livedic zone in the livedic zone in the lived

3) The instant accident was shocked by the front part of the Oralone (hereinafter “instant accident”).

(2) On April 18, 2015, the Deceased died due to brain damage, etc. caused by an accident in the instant case, where he/she received hospitalization and outpatient treatment at the Chungcheong University Hospital, etc., by suffering from an external cryposis, brain ties, etc., which requires approximately 12 weeks of treatment.

B. At the time of the instant accident, the Defendant, at the time of the instant accident, is a damage insurance company of ELI (hereinafter “ELI”) regarding the instant Orala (hereinafter “damage Insurance”).

2) While entering into a comprehensive automobile insurance contract with Korea Commercial and Damage Insurance Co., Ltd. (hereinafter “Korea Commercial and Accident Insurance”) with respect to D motor vehicles, the deceased subscribed to a special agreement for injury compensation by an non-insurance motor vehicle that can receive compensation up to KRW 200 million per person in the event of death or injury caused by a traffic accident by an non-insurance motor vehicle.

3) While entering into a comprehensive automobile insurance contract with the Plaintiff with respect to F motor vehicles, E of the Deceased subscribed to a special contract for injury compensation by an non-insurance motor vehicle with which its children, etc., other than the named insured, can receive compensation for the death or injury caused by a traffic accident caused by an non-insured motor vehicle (hereinafter “instant non-insurance special agreement”).

(d) the payment and reimbursement of insurance proceeds of the Korean Commercial and Insurance (Korean Commercial and Insurance).