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(영문) 서울중앙지방법원 2015.01.28 2011가단74343

손해배상(자) 등

Text

1. Defendant Mtsts Fire Marine Insurance Co., Ltd.: KRW 37,753,858 to the Plaintiff and its related amount from May 16, 2009.

Reasons

1. Occurrence of liability for damages;

A. The grounds for liability 1) B is as follows: (a) C cargo vehicle under the influence of alcohol with a blood alcohol concentration of 0.122% without obtaining a driver’s license at around 02:10 on May 16, 2009 (hereinafter “divers”).

) A driver, while driving his vehicle, proceeds from Jincheon to Jincheon at the right side of the Cheongcheon-gun, the long-distance for the long-distance for the long-distance for the long-distance for the long-distance for the long-distance for the long-distance for the long-distance for the long-distance for the long-distance for the right side of the vehicle under the influence of alcohol, and the driving of the Plaintiff, who proceeds from the right side of the vehicle under the influence of the left-hand for the left-hand side of Jincheon-gun for the right side of the vehicle, caused the Plaintiff to suffer injury, such as the combination of the right-hand slots

2) Defendant Matts Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Matts Fire”) concluded a liability insurance contract with B with respect to the foregoing D automobiles. The Defendant Han Latts Insurance Co., Ltd. (hereinafter “Defendant Han Latts Insurance Co., Ltd.”) concluded a comprehensive automobile insurance contract with the Plaintiff regarding the said D automobiles. The said comprehensive insurance contract includes a “special agreement on indemnity for an automobile without liability,” which provides compensation for the insured’s death or injury caused by an accident without liability to compensate.

(hereinafter “instant non-insurance contract”). B.

In recognition of liability, Defendant Qz Fire is liable to compensate the Plaintiff for the damages within the limit of the amount prescribed by the Guarantee of Automobile Accident Compensation Act among the damages incurred by the Plaintiff due to the instant accident, as a liability insurer who had concluded liability insurance with respect to the harming vehicles between B.

In addition, the accident of this case falls under the non-life insurance as stipulated in the terms and conditions of the instant non-life insurance contract, since the risk of injury to the Plaintiff does not apply to the personal compensation II.