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(영문) 서울중앙지방법원 2018.07.18 2018나7961
구상금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a comprehensive automobile insurance contract with C with respect to D vehicles owned by C (hereinafter “instant insurance contract”). The instant insurance contract contains a special agreement for accident-free automobile.

See The Defendant is a corporation operating a golf course in the F, located in Pakistan, and is the owner of a cart vehicle used in F (hereinafter referred to as “Defendant vehicle”).

B. (1) On September 3, 2016, at F golf course around 12:30 on September 3, 2016, C moved from the Defendant’s car to the Defendant’s car operated by the Defendant, and was going beyond the Defendant’s car and tried to get out of the Defendant’s car at the front of the “glarg” near S. 6 holes.

(hereinafter referred to as “instant accident”). On September 9, 2016, H Hospital Hospital was diagnosed as “the structural frame of the left side and the left side pelvis,” etc. (hereinafter “instant accident”).

C. (1) Under the instant insurance contract, C claimed insurance proceeds from the Plaintiff pursuant to the instant non-insurance accident security agreement, and the Plaintiff assessed C’s negligence as 30%, and calculated the insurance proceeds as indicated below.

[mark] 1: 1,520,00 70 1,064,000 24,000 24,000 70 16,800 16,80 3,093,488 70% 2,165,414 in direct payment treatment expenses (general) 1,653,30 1,157,330 1,157,3315 32,510,360 22,757,2526, 270 -160 -160,160 -67,60 -67,60 -67,60 -60 -67,206 -67,28,2017 - 206 -67,67,206 -67,60 -67,260 -67,267

Article 34 (Subrogation of Insurance Company) (1) of the Terms and Conditions of the Insurance Contract of this case "If the insurance company has paid the insurance money or damages to the insured or damages claimant, it shall acquire the rights of the third party within the scope of the insurance money or damages paid.

(b).

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