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(영문) 인천지방법원 2019.11.28 2017가단210982
구상금
Text

1. The Defendant’s KRW 19,903,345 for the Plaintiff and KRW 5% per annum from October 19, 2019 to November 28, 2019 for the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with the insured for the E and its owner F vehicles.

The above insurance contract includes a special contract for compensating for damage, such as injury, etc. caused by an insured motor vehicle (hereinafter “instant special contract”), and according to the instant special contract, G, E’s mother, also constitutes the insured.

B. On June 25, 2015, around 11:35, the Defendant driving a H vehicle (at the time, only liability insurance was subscribed, and the personal compensation II is not applicable; hereinafter “Defendant vehicle”) and left to the left pursuant to the new subparagraph, the Defendant was faced with the victim G (hereinafter “victim”) who opened the crosswalk on the right side from the left side of the Defendant vehicle to the right side in the front part of the Defendant vehicle, and suffered injury, such as the closure of the upper part of the front part of the shoulder on the left side.

(hereinafter “instant accident”). C.

The Plaintiff paid insurance proceeds of KRW 183,971,650 in total to September 27, 2019 after the date of the occurrence of the accident, as direct non-payment or hospital treatment costs for the victim.

The Plaintiff received KRW 10,00,000,00 as the liability insurance amount from A Co., Ltd. (Liability Insurers are the same as the Plaintiff in the instant lawsuit; hereinafter “A”), and received KRW 127,796,140 in total from L Co., Ltd., M Co., Ltd., M Co., Ltd., Ltd., and N3 Co., Ltd., a non-automobile accident insurance insurer, respectively.

[Ground of recognition] The fact that there is no dispute, Gap's evidence of subparagraphs 1 through 8, Eul's evidence of subparagraphs 1 through 8 (including branch numbers), the whole purport of pleading

2. Occurrence of liability for indemnity and limitation on liability therefor;

A. In the event that the insured has suffered an injury due to a traffic accident caused by an non-insurance motor vehicle, the insurer is obligated to compensate for the damage under the terms and conditions of the contract.

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