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(영문) 대구지방법원 2017.07.12 2016나311207
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. Facts of recognition;

A. The Plaintiff, an insurance company that runs the automobile insurance business, etc., is a special agreement stipulating that the Plaintiff shall pay insurance proceeds even if the insured, with respect to a non-insurance vehicle C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

The insurer, including B, is the insurer that has entered into the comprehensive automobile insurance contract, and the Defendant is the owner and driver of the Done Star Cargo Board (hereinafter referred to as the “Aquatic Vehicle”).

B. On August 15, 2014, at around 14:50 on August 15, 2014, the Defendant: (a) driven a sea-going vehicle; (b) 122 knife the expressway located in the Seocho-gu, Busan-si; (c) left the expressway at the seat of 122 knife at the seat of Kimcheon-si; and (d) caused the collision of the damaged vehicle with the EK5 vehicle stopped at the front part of the damaged vehicle (hereinafter “K5 vehicle”) with the front part of the damaged vehicle due to an excessive close-down negligence while neglecting the duty of care to maintain the safety distance; and (c) thereby, the Defendant sustained the injury of the damaged vehicle to B at the time.

(hereinafter “instant accident”). C.

The defendant entered into only the liability insurance contract of which the maximum amount of compensation is 800,000,000 on the Lives Vehicle Liability Insurance Co., Ltd. (the same company as the plaintiff) and the limited amount of compensation.

On November 13, 2014 and April 14, 2014, the lot damage insurance company paid 339,760 won in total to B according to the above liability insurance.

In addition, the Defendant agreed to pay the amount of KRW 1,600,000 to B on August 21, 2014. On August 22, 2014, the Plaintiff paid KRW 1,600,000 for damages to B according to the special agreement on the security for an in-house accident under a comprehensive automobile insurance contract, and on April 29, 2015, is the insurer of the sea vehicle.

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