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(영문) 대구지방법원 2019.05.01 2018나314996
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 79,432,845 and KRW 20,802,991 among them.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the following changes. As such, it is cited by the main sentence of

The third-party 6 to 7 of the judgment of the first instance shall be changed as follows.

A person shall be appointed.

D. The Plaintiff received insurance money from the F Company as KRW 120,000,000 from the F Company’s insurance money for the instant fire.

[Ground of recognition] In a case where there is no dispute, Gap 1 through 7 evidence (including each number), and the whole purport of pleadings are modified as follows from Nos. 7 to No. 17 of the judgment of the court of first instance, 8, respectively. 17 to No. 4. 7 of the judgment of the court of first instance, "the purport of the whole pleadings". 3) In a case where there is a third party who is liable for damages due to tort or nonperformance of obligation with respect to an accident in a non-life insurance contract, and the insured claims damages against the insured, the insurance money received from the insurer under the non-life insurance contract has the nature of the insurance premium paid by the insurer up to the time to the time against the third party, which is separate from the amount of the third party's liability for damages. Therefore, the insured is liable to the third party as to the remaining damages without being compensated from the insurer to the insurance money received from the insurer.

hereinafter the same shall apply.

) A claim can be filed for performance. If the remaining amount of damage that remains without being compensated as insurance proceeds exceeds the amount of the third party’s liability, the claim can be filed against the third party for full performance of his/her liability for damages. If the remaining amount of damage is less than the amount of the third party’s liability for damages, the claim can be filed against the third party for compensation for the remaining amount of damage (see Supreme Court Decision 2014Da4621, Jan. 22, 2015).

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