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(영문) 광주지방법원 2018.11.16 2018나50672
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On August 27, 2015, the Plaintiff entered into an automobile insurance contract with C, which contains a special agreement on injury coverage as set forth in the limit of KRW 200 million with respect to the injury insurance by an non-insurance vehicle, from August 27, 2015 to August 27, 2016.

(hereinafter “instant insurance contract”). (b)

At around 22:00 on March 6, 2016, Defendant B: (a) moved to the back stone, the spouse of the said C, for returning home on the roads of the Gyeonggi-si, Gwangju-si, Gwangju-si; (b) moved to the back stone, while Defendant B operated the wing E vehicle owned by Defendant A (hereinafter referred to as “furning vehicle”) in the condition of laying back D, which is the spouse of the said C, into the back stone.

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

The foregoing D was hospitalized upon the instant accident due to the injury to the upper left, the injury, such as the impairment to the upper left part of the border, the boom, the order, and the revolving rheat, etc. on March 7, 2016, which was caused by the injury to the upper part of the upper part of the road, and the injury to the upper part of the upper part of the road.

From July 15, 2016, the Plaintiff paid 10,396,750 won in total to the above D with the insurance proceeds of the instant insurance contract. On November 15, 2016, the Plaintiff paid 13,000,000 won to the above D with all insurance proceeds arising from the instant accident, including consolation money, business suspension damage, future treatment expenses (including sex penalty), direct non-treatment expenses, and loss benefits, and received a written agreement from the above D to “the Plaintiff to receive the above compensation and transfer all of the claims for damages against D to the obligor within the said amount, and waives all rights related to the instant accident in the future.”

(hereinafter “instant agreement”). As above, the Plaintiff paid the said D the sum of KRW 23,396,750 (i.e., medical expenses of KRW 10,396,750) to the Plaintiff (i.e., KRW 13,00,000).

E. Meanwhile, the Maritime Vehicle was only liable for the liability insurance to Samsung Fire Marine Insurance Co., Ltd., and on August 31, 2016 and May 31, 2017, the Plaintiff was the total of KRW 5,000,000 from the above Samsung Fire Marine Insurance to the liability insurance amount for the instant accident.

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