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(영문) 서울중앙지방법원 2018.01.26 2017가합566827

보험금

Text

1. The Defendant’s KRW 162,642,267 as well as 5% per annum from August 28, 2012 to January 26, 2018, respectively, to the Plaintiff.

Reasons

1. From August 2012, C entered into an automobile insurance contract with the Defendant with respect to D automobiles, with the insured himself/herself, from August 16, 2012 to August 16, 2013, with respect to the insurance coverage amount, and with the personal damage II, with the personal damage liability of KRW 100 million.

(hereinafter “instant insurance contract”). C around August 28, 2012, around 19:40, around 19:40, 2012, hereinafter referred to as “the instant Maritime Vehicle”).

During the process in front of the community credit cooperatives located in Seo-gu, Busan, Seo-gu, Seo-gu, the plaintiff was injured by the plaintiff, owing to the shocking of Otoba, on the opposite side, on the opposite side, which was driven by the plaintiff on the opposite side, while driving in front of the community credit cooperatives located in Seo-gu, Busan, and caused the plaintiff to suffer from the injury of the plaintiff, such as the sofaba and the sofaba.

hereinafter referred to as "the accident of this case"

(i) [The entries in Gap 1, 2, 3, 5, and 6 of the facts without dispute over the basis of recognition, and the purport of the whole pleadings.

2. The gist of the Plaintiff’s assertion C is as follows: (a) the Defendant, the insurer of the instant Lives Vehicle under the instant insurance contract, is obligated to pay KRW 337,361,040 in total, property and mental damage suffered by the Plaintiff (i.e., KRW 11,387,387,190 in future treatment costs of KRW 9,930,075 in return for future treatment costs of KRW 285,690,70 in loss) and delay damages therefrom.

3. Determination

A. According to the facts acknowledged prior to the establishment of the right to claim damages, the Defendant, as the insurer of the instant sea vehicle, is liable to compensate the Plaintiff for damages caused by the instant accident. (ii) In full view of the purport of the entire pleadings, including the description or video of the evidence No. 2, the Plaintiff’s failure to wear a safety cap while driving the Ortoba at the time of the instant accident. As such, the Plaintiff appears to have suffered more severe injury.