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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.01.30 2014나1895
손해배상(자)
Text

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

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.

2. Occurrence of liability for the payment of insurance money;

A. Comprehensively taking account of the above facts, pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act, Tex, Inc., the owner of E-automobile, is liable to compensate the Plaintiff for the damages caused by the instant accident, as the operator of the said automobile, and the Plaintiff may directly claim for the payment of the insurance money to the Defendant who entered into a comprehensive automobile insurance contract with TBP pursuant to Article 10(1) of the Guarantee of Automobile Accident Compensation Act.

B. Determination 1 as to the Defendant’s assertion that an accident is not an accident caused by the operation of a motor vehicle, (a) an accident during operation should be the accident during operation in order to bear the liability for damages of the motor vehicle operator pursuant to the Defendant’s assertion, which occurred in the course of loading the motor vehicle, using a set of equipment installed in loading the motor vehicle, and the foregoing set of equipment installed in the foregoing motor vehicle after the construction of a comprehensive insurance contract between Tech and the Defendant. Therefore, the accident that occurred in the course of operating the motor vehicle cannot be deemed an accident during operation of the said motor vehicle. Accordingly, the Defendant’s liability for the payment of insurance money does not exist (Article 2 subparag. 2 of the Automobile Accident Compensation Guarantee Act), which is the insurance company of the said company, regardless of whether the motor vehicle is transported by a “motor vehicle operation” person or goods.

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