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(영문) 서울중앙지방법원 2020.06.08 2017가단5128308
보험금
Text

1. The Defendant’s KRW 24,183,149 for the Plaintiff and KRW 5% per annum from September 24, 2016 to June 8, 2020.

Reasons

1. Facts of recognition;

A. The Defendant is a company that concluded a liability insurance with C.

B. The Plaintiff and C are members of the same bicycle club.

They around September 24, 2016, while getting a bicycle on the Han River, Gyeongyang-si, the 1110-dong 110-dong Hayang-si, left the bicycle on the left side. Subsequent to the plaintiff, the plaintiff, who was driving ahead of C's collision with C, was injured by the pressure pressure of 1st century, requiring treatment for about 8 weeks.

(hereinafter the above bicycle accident is referred to as "the accident of this case"). / [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, 3, and 6 (including each number, if any, and hereinafter the same shall apply), Eul evidence 1 and 3, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff suffered damages as follows due to the instant accident of the Plaintiff’s assertion.

Therefore, the defendant is obligated to pay the insurance money to the plaintiff who seeks the direct payment of the insurance money pursuant to Article 724(2) of the Commercial Act, and the plaintiff only seeks the payment of KRW 100 million among them.

(1) Daily income: 112,053,950 won.

B. 1) The occurrence of liability for damages is confirmed by the above facts as follows, namely, the accident of this case occurred in a way that a slope is severe down, and C is sufficiently aware that the plaintiff gets out of the bicycle behind, in view of the occurrence of the accident of this case by Gap-man, the defendant, who is the insurer of C, is liable to compensate for the damages suffered by the plaintiff in light of the following circumstances revealed in the above facts of recognition: Provided, That in other words, both C and the plaintiff, as a member of the same bicycle club on the day of this case, both the plaintiff and C were not in order to rest together, and approximately 15 to 18 km at the speed of speed without delay.

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