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(영문) 창원지방법원통영지원 2015.05.21 2014가합2170

보험금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

D On May 29, 2012, around 19:15, 2012, the EfranxG car (hereinafter referred to as “Afranchis car”) driven the two-lane road in front of the G cafeteriaF in the through Young City, along one-lane from the direction of the Tong-gu Police Station to the dead forest road at the speed of about 60km. At the same time, there was a three-distance intersection where no signal is installed.

Nevertheless, D entered the intersection without reducing speed or looking at the right side of the road, but without finding any HHH motor vehicle (hereinafter referred to as “victimd motor vehicle”) which is straight on the right side from the left side of the direction of the driving of the Gu, D did not find the damaged motor vehicle and obtained the right side of the damaged motor vehicle into the front side of the Gu, and caused the damaged motor vehicle to fall down on the breakwater.

(hereinafter “instant accident”). A driver who operated a damaged vehicle due to the instant accident was killed in his place after suffering from a Dam cage cageusususus cageus.

The Defendant is an insurer of the automobile comprehensive insurance for damaged vehicles (hereinafter “instant insurance”), and the Plaintiff A is an insured person of the instant insurance as his spouse, Plaintiff B, and C as I’s children. The instant automobile is an insurance without being covered by the automobile comprehensive insurance.

On September 5, 2012, the Defendant paid KRW 156,620,970 to the Plaintiff A on the basis of the instant non-insured motor vehicle security agreement with respect to the instant accident.

On October 17, 2012, the Plaintiffs filed a claim for damages arising from the instant accident against Changwon District Court Heading 2012Gahap2268 (hereinafter “former District Court”). On May 10, 2013, the Plaintiffs rendered a judgment that “D” shall pay to Plaintiff A KRW 39,054,691, and delay damages for both KRW 27,369,794 and KRW 27,794 to Plaintiff B, and C, respectively. The Plaintiffs appealed against this judgment, and the Plaintiffs appealed on May 10, 2014.”