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(영문) 서울중앙지방법원 2019.01.17 2018나46539
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 a liability insurance contract with respect to D Bara car owned by C (hereinafter “instant vehicle”), and the Defendant is an insurer who has entered into a non-life insurance contract with his father F with respect to the damage incurred when the insured or his family members died or died of an accident resulting from an accident resulting from the non-insurance vehicle, and agreed to provide compensation as prescribed by the terms and conditions within the limit of KRW 200 million.

On the other hand, according to the contract concluded between F and the Defendant, the Defendant determined to pay as insurance money only the amount obtained by deducting the amount, etc. payable by the insured under liability insurance from the total amount of expenses calculated according to the standard for payment of insurance money.

B. Around 02:10 on October 11, 2012, H driven the instant vehicle without a license and driven the instant vehicle into the front part of the instant vehicle, which was obtained from the left side of the Jeju East East Police Station in front of the instant vehicle and went into the front part of the Jeju East Police Station at Jeju-do, and caused serious injury to E, such as brain internal cerebrovascular, cerebral cerebral cerebralopty, thebrophym fever of wooden signboards, thebrophym fever of vertebroph, and thaltegrh, etc.

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

The defendant paid to E the total of KRW 132,639,730 as insurance money, and KRW 45,00,000 as other damages. D.

The Plaintiff paid KRW 20,000,000 on November 27, 2012, and KRW 18,000,000 on March 19, 2013, in response to the Defendant’s claim for the Defendant’s contribution, and KRW 20,00,000 on March 19, 203. The maximum amount of the insurance proceeds for the injury inflicted upon the instant accident is KRW 80,00,000.

E. E filed a lawsuit seeking damages against the Plaintiff, Defendant, H, and C as Jeju District Court Decision 22015Da3456, Jan. 17, 2017, “1H, and C jointly with E” from the above court on January 17, 2017.

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