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(영문) 대전지방법원 2020.06.17 2016가단213005

구상금

Text

1. The Defendants jointly share KRW 3,506,097 with respect to the Plaintiff and KRW 5% per annum from April 7, 2015 to June 17, 2020.

Reasons

1. Facts of recognition;

A. On January 12, 2015, Defendant C was driving a two-lane of the two-lanes of the two-lanes of the front side of the D Apartment of Daejeon Taedong-gu Daejeon (hereinafter “Defendant C”) on the front side of the D Apartment (hereinafter “Defendant”) and stopped the Defendant’s vehicle, which is a destination, at the rear side of the D Apartment (hereinafter “Defendant’s vehicle”), and the Defendant C was shocked into the front side of the Defendant’s vehicle with the road crossinging on the right side from the left side of the Defendant’s vehicle. Accordingly, F was injured by blood transfusion, etc. due to this reason.

(hereinafter referred to as the “accident,” and the circumstances leading up to the accident are as shown in the attached Form 2. B.

The defendant B is the owner of the defendant vehicle, and the defendant vehicle was only liable for the liability insurance to H.

C. The Plaintiff is an insurer who has entered into an automobile insurance contract that contains a non-life insurance contract that provides for compensation in the event the insured with respect to N andO vehicles, ② with respect to K and H vehicles, ③ with respect to K and M vehicles, ④ with respect to N andO vehicles, and ④ is an insurer who has entered into an automobile insurance contract that contains a non-life insurance contract that provides for compensation.

On the other hand, the special terms and conditions of injury to non-insurance vehicles stipulate the scope of "registered insured or the parents of the deceased's spouse" as the scope of the insured, and I is the parent of the victim F, and K and N are the fraud of the victim F.

On April 6, 2015, the Plaintiff paid 6,562,330 won to the P Hospital that treated F.

E. The special terms and conditions for injury to an non-insurance motor vehicle stipulate that the amount payable pursuant to the General Terms and Conditions for Injury to Motor Vehicles shall be deducted from insurance proceeds. The Plaintiff was paid KRW 2,400,000 from the insurance company of the Defendant Motor Vehicle on January 14, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1-1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of recognition, the Defendants are jointly and severally liable for damages arising from the instant accident.