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(영문) 서울남부지방법원 2015.05.27 2014가단204745

구상금

Text

1. The Defendant’s KRW 17,317,741 as well as the Plaintiff’s annual rate of KRW 5% from March 16, 2011 to May 27, 2015.

Reasons

1. Facts of recognition;

A. On April 1, 2010, A Co., Ltd. (hereinafter “A”) concluded a business automobile insurance contract with the Defendant on April 1, 2010 (hereinafter “the instant vehicle”) (the type of security: the amount prescribed by the Enforcement Decree of the Self-Governing Act), the personal compensation I (the personal compensation), and the personal compensation (20 million won per accident) (hereinafter “instant insurance contract”), and the major terms and conditions of the said insurance contract are as follows.

Section 1 of Section 1 of Section 3 of Section 1 of Section 2 of Section 1 of the Liability Insurance Act: The insurer shall compensate for the loss caused by the insured's death or injury to another person due to the operation of the insured motor vehicle under Article 3 of the Guarantee of Automobile Accident Compensation Act.

Section B of the Personal Compensation II and Article 6 (Compensation for Damages) ① Personal Compensation II, an insurance company shall compensate for any damages (limited to damages exceeding the damages covered by the Personal Compensation I) caused by the insured's death or injury to another person due to an accident of an insured motor vehicle which occurred while the insured owns, uses, or manages an insured motor vehicle.

B. Meanwhile, A company engaged in the business of grain production, etc. entered into a contract with C Co., Ltd. (hereinafter “C”) on August 1, 2010 as follows (hereinafter “instant contract”). The said contract was implicitly extended by one-year automatic extension.

-Scope: Operations by employees belonging to C of the Company C in the business of unloading or transferring lane products (ceder, powder) in A Company Incheon at the Company A, shall be from August 1, 2010 to July 31, 201, and shall be extended by one year automatically unless one written notice of termination is given by no later than 30 days prior to the expiration date of the contract.

-all liabilities for the personnel of the C Company shall be set aside in the Civil and Criminal Law, and C Company;