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(영문) 울산지방법원 2017.06.28 2015나4023
손해배상(자)
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded in the trial room, shall be modified as follows.

The defendant.

Reasons

1. Occurrence of liability to pay insurance proceeds;

A. 1) Joint Defendant F of the first instance trial (hereinafter “F”)

(A) On October 16, 2012, G Lone Star Co., Ltd. (hereinafter “Wone Star”) around 05:30 Lone Star Co., Ltd.

2) Around May 1, 201, the Plaintiff was driving along a two-lane road in front of the Gyeong Riverside apartment in Ulsan-gu, Ulsan-gu, along the direction of his school from the direction of his school, and the Plaintiff was cutting off the crosswalk installed with signal apparatus on the front side in accordance with the pedestrian crossing crossing. (ii) A violated the vehicle signal, thereby entering the crosswalk as it is, in contravention of the vehicle signal, thereby causing an injury to the Plaintiff, such as an external cerebral blood transfusion, etc., to the Plaintiff.

(3) The co-Plaintiff E of the first instance court, who is the Plaintiff’s son, has purchased each of the Defendant’s comprehensive automobile insurance policies concerning J and K vehicles (hereinafter “each of the instant insurance contracts”). As to his H vehicles, the Plaintiff’s fraud, i.e., the Defendant, an insurance company, for J and K vehicles (hereinafter “instant insurance contracts”).

(B) Each non-insurance-free special agreement which provides that the insured shall pay insurance money within the limit of KRW 200 million per person as stipulated in the terms and conditions, regardless of whether or not the insured was on board each of the above insured vehicles, by making the insured’s parents and the parents of the insured’s spouse as the insured for each of the above insured vehicles as the insured. (hereinafter “each of the instant special agreements”)

(3) The main contents of each of the instant insurance contracts are as follows: (a) [Attachment 1] Insurance Terms and Conditions; (b) [Attachment 1]

4) At the time of the instant accident, the instant vehicle was in the condition of being covered by liability insurance to ELA non-life insurance companies.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 6, 12 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the above recognition facts, the Plaintiff is obligated to pay insurance proceeds.

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