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(영문) 대법원 2019.03.28 2018다46561

구상금

Text

The judgment below

Among the 6,120,637 won and damages for delay, this part of the case is reversed.

Reasons

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. The lower court acknowledged the following facts based on adopted evidence.

(1) On November 14, 2006, H concluded the first automobile insurance contract of the instant case, including the personal damage agreement I, the personal damage agreement II, and the accident security agreement by the non-insurance vehicle (hereinafter “the injury security agreement”) with the Plaintiff and G rocketing car (hereinafter “rocketing car”) with respect to the insured as a de facto spouse, a de facto spouse, and the insurance period from November 14, 2006 to November 14, 2007, respectively.

(2) On November 16, 2006, Defendant D concluded the two automobile insurance contract of this case, including the agreement for large-scale compensation I, with respect to the Plaintiff and the F rocketing passenger car owned by it (hereinafter “rocketing passenger car”), with respect to the insured as Defendant D, and with respect to the insurance period from November 16, 2006 to November 16, 2007.

(3) Around 15:15 on November 13, 2007, Defendant C driven a rocketing car and proceeded along the intersection of the view view distance in the southyang-dong at the time of harmony along the two-lanes from the view view to the new south-dong, which is not the vehicle line, to the left left left at the front of the two-lanes, and the accident of this case occurred, which led to the collision of the front part of the right line of the E-driving car, which is driven at the same time as the other one-lane, to the front part of the driver's seat of the rocketing car.

As a result, H, on board a rocketing car, suffered injuries such as vertebrate 1, 5 times in 195.

(4) Meanwhile, on October 26, 2012, H et al. filed a lawsuit against the Plaintiff regarding the instant accident by Seoul Central District Court 2012Gadan29223, seeking compensation for damages or payment of insurance money. On May 20, 2014, the said court rendered a judgment citing part of H’s claim.

However, both H and the plaintiff appealed against the above judgment.