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(영문) 대전지방법원 2017.11.15 2016가합101833

손해배상(기)

Text

1. Defendant C’s KRW 177,993,609 as well as 5% per annum from February 17, 2014 to November 15, 2017, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant C are members of the Snobye Association called “D”.

B. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that concluded an insurance contract with Defendant C as its policyholder and insured.

-Types of insurance: E - From July 30, 2009 to July 30, 2082 - Family living priority liability of 100,000,000 won

C. On February 17, 2014, around 20:12, there was an accident of collision between the Plaintiff and Defendant C, who had been in the Friet Ski ground, and the Defendant C, without avoiding one another.

(hereinafter “instant accident”). D.

The plaintiff was forced to go beyond the accident of this case, and was sent back to the hospital in the order of the head of the package roll and the first-aid vehicle, which the first-aid worker slicked.

The Plaintiff suffered injury, such as cerebral brain and cerebral brain damage, etc., in which the detailed identity of not having been known in the two cases due to the instant accident, and was hospitalized in the Chungcheongnam-Nam University Hospital and received treatment.

(Period of hospitalization: from February 17, 2014 to March 7, 2014). / [Reasons for Recognition] A without dispute, entry in Gap 2, 3, 4, 6 (including the serial number; hereinafter the same shall apply), Eul evidence No. 6, and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff's assertion 1) The defendant C was the first reporter of the Snobye, but the defendant C was responsible for compensating the plaintiff for the damages suffered by the plaintiff due to the accident in this case. The defendant C was responsible for compensating for the damages incurred by the plaintiff due to the accident in this case.

(However, Defendant B is liable to compensate for damages directly to the Plaintiff pursuant to Article 724 of the Commercial Act, which provides for the insurer who purchased the liability insurance by Defendant C, as an insurer who purchased the liability insurance.

(b).

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