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(영문) 대전지방법원 2017.11.16 2017나106600
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

Basic Facts

The Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Company”) is an insurer who entered into an automobile insurance contract (hereinafter “instant insurance contract”) with the Plaintiff on April 14, 2014 with respect to the vehicle of Kaburd with the Plaintiff B.

The Defendant Company is an insurer entrusted with the government-guaranteed business, such as compensating the victim of the automobile or the victim of the automobile accident by which the government entrusted with the authority to guarantee motor vehicle accident compensation pursuant to Articles 45(1) and 30(1) of the Guarantee of Automobile Accident Compensation Act for the damage within the insurance amount of the liability insurance, and vicarious exercise of the victim's right to claim damages within the limit of the amount of compensation.

The terms and conditions of the instant insurance contract concluded between the Defendant Company and the Plaintiff (hereinafter “instant insurance contract”) include “in the event that the insured dies or is injured due to an accident that occurred due to an non-insurance accident,” and includes “in the event there is a person liable to compensate for damage caused by the accident” up to 200,000,000 won per person (hereinafter “the instant non-insurance contract”), and “the insured” include the registered insured and his/her parents and children. The insurance money paid pursuant to the instant non-insurance contract shall be calculated in accordance with the provisions of the attached list.

F and E were relatives who were enrolled in M& High Schools on April 2014, and Plaintiff A and B were parents of F, and Plaintiff C and D were F’s siblings.

The developments leading up to the occurrence of the traffic accident F and E discover F and E, on April 2014, 2014, no serial number 249cc F and E, which were set up in the L apartment parking lot of the Daejeon Dong-gu Daejeon (hereinafter referred to as the “instant EE”), and they find the key of the EEE.

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