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(영문) 청주지방법원 2018.01.19 2016나10880
구상금
Text

1. In accordance with the Plaintiff’s incidental appeal, the Defendants jointly filed an incidental appeal amounting to KRW 43,042,240 with respect to the Plaintiff and its related amount on March 11, 2016.

Reasons

1. Basic facts: (a) On April 11, 2014, Defendant A entered into an automobile insurance contract (hereinafter “instant automobile insurance contract”) with the Plaintiff and C A-A-Wurgs (hereinafter “instant automobile”) with respect to the Defendant A and the insurance period from April 16, 2014 to April 16, 2015 (hereinafter “instant automobile insurance contract”); and (b) entered into a special agreement on the restriction on family drivers aged 26 years and older (hereinafter “instant limited agreement”).

② On August 25, 2014, the Plaintiff concluded an automobile insurance contract with the insured as D with respect to the Kafet vehicle with the insurance coverage period from August 27, 2014 to August 27, 2015; and on July 4, 2014, with the insured as F, for the Gfet vehicle with the insurance coverage period from July 4, 2014 to February 23, 2015.

Each of the above car insurance contracts includes the amount of compensation within the limit of 500 million won when the children of the registered insured suffer injury due to an accident caused by an insured motor vehicle regardless of the boarding of the insured motor vehicle.

③ Defendant B, the son of Defendant A, was driving the instant vehicle on the road located in the voice of Chungcheongbuk-gun on December 22, 2014, and was restored by a motor vehicle and sustained injury by the victim H and I who died while driving the instant motor vehicle.

(hereinafter referred to as “instant accident”). H uses D, and I are F’s children.

④ Defendant A is Jins, Defendant B is Kins, and Defendant A’s largest child is Mins.

⑤ At the time of the instant accident, the Plaintiff only applied liability insurance since Defendant B did not reach 26 years of age.

As a result, the Plaintiff paid KRW 52,235,070 to H by March 9, 2016, and KRW 1,636,620 to I by April 1, 2015, respectively, in accordance with the victim’s automobile insurance contract.

The Plaintiff returned KRW 9 million with respect to H, and KRW 800,000 with respect to I, to each liability insurance amount.

[Reasons for Recognition] Facts without dispute, Gap 1 through 7, 11, 15, 16, 19 items, and the whole pleadings.

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