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(영문) 서울중앙지방법원 2018.06.22 2018나9592

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract (hereinafter “instant insurance contract”) with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. At around 22:40 on June 12, 2017, the Defendant’s vehicle: (a) shocked the back part of the Plaintiff’s vehicle, which was in the front line of the Defendant vehicle, from the Cheongnam-dong located in Cheongnam-dong, a considerable amount of Cheongju-si, to the front part of the Defendant vehicle; and (b) sustained the Plaintiff’s driver, a driver of the Plaintiff vehicle, for two weeks of light-based care.

(hereinafter referred to as “instant accident”). C.

As the Plaintiff did not pay the insurance proceeds to C, the Plaintiff paid KRW 379,230,00,000 as the medical expenses of C on July 26, 2017, and KRW 362,970 on August 4, 2017, as the insurance proceeds of his/her own physical accident.

With respect to the contents of the insurance contract of this case, in cases where the insured was injured due to an accident that occurred while he owns, uses, or manages the insured automobile, and in cases where medical treatment is required as a direct result of the accident, the insurance company shall pay the remainder after deducting the amount of the insured amount (i.e., the amount which is calculated according to the "standard for Payment of Injury or Injury by Insurer" of the above insurance terms and conditions, and the amount which is calculated according to the "Standards for Payment of Injury or Injury by Insurer" of the above insurance terms and conditions, and (ii) the amount which is calculated according to the "Standards for Payment of Injury or Injury by Insurer" of the above insurance terms and conditions, and (iii) the amount which is the sum of the expenses (i.e., the amount which can be compensated by Large and Personal Compensation II) from the sum of the expenses (ii).

In addition, Article 34 (1) and (2) of the Terms and Conditions of this case shall be limited to insurance money paid when an insurance company has paid insurance money to the insured.