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(영문) 춘천지방법원원주지원 2017.09.13 2014가단36015
구상금
Text

1. The Defendant’s KRW 38,720,920 as well as the annual rate of KRW 5% from August 1, 2015 to September 13, 2017, and the next day.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into a comprehensive automobile insurance contract with F and its holding (hereinafter “instant insurance contract”) including a special agreement on injury security (the maximum amount of KRW 200 million per person) by non-insurance vehicles (the maximum amount of KRW 200 million per person) with respect to the G vehicle (hereinafter “victim”) from March 3, 2012 to March 3, 2013.

B. On September 10, 2012, at around 22:15, the Defendant: (a) driven a melting vehicle while under the influence of alcohol; (b) was driving the national highway No. 42 prior to I, which was in the Hari-si in the Hari-si, from the Hacheon-si to the original bank; and (c) was shocked by the central line; and (d) caused the damaged vehicle on the opposite line.

(hereinafter referred to as “instant accident”). C.

F, as a result of the instant accident, was inflicted on the affected vehicles, other injuries, such as divers, dives, and lives, such as dives, dives, and lives, including lives, four or more lives, and J suffered injuries, such as dives, dives, lives, and lives, including two lives.

At the time of the instant accident, the Maritime Vehicle was subscribed to the K Co., Ltd. (hereinafter “K”), and thus, it constitutes “non-insurance motor vehicle” under the instant insurance contract.

E. Under the instant insurance contract, the Plaintiff paid F totaling KRW 31,910,370 from September 20, 2012 to July 31, 2015, the sum of KRW 21,674,080 to the J as medical expenses, according to a special agreement on the personal injury security by an uninsurance motor vehicle under the instant insurance contract. From September 20, 2012 to July 31, 2015, the Plaintiff received KRW 10,674,000 from K to the F with the liability insurance proceeds, and KRW 4,863,530 to the J.

F. The main contents of the terms of the insurance contract of this case concerning injury by an non-insurance motor vehicle are as follows.

In case of injury caused by an uninsurance motor vehicle, an insurance company shall be liable to compensate for the loss caused by the insured's death or injury caused by an accident caused by an uninsurance motor vehicle, and there is a person liable to compensate for the loss as prescribed by this Clause.

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