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(영문) 전주지방법원 2019.05.17 2018나5594
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. Defendant B is the owner and captain of the instant vessel C (hereinafter “instant vessel”), and the Defendant A’s organization (hereinafter “Defendant A”) is an insurance company that entered into a contract for a shipowner’s liability deduction (100,000,000 won per head of the compensation limit; hereinafter “instant mutual aid contract”).

B. Around 11:20 on January 10, 2015, the instant vessel driven by Defendant B was in conflict with D, which had been operating on the sea in front of the Maritime Research Base in Yannam-gun, Chungcheongnam-do (hereinafter “instant accident”). A passenger E on board the instant vessel was in conflict with the instant vessel due to the instant accident, resulting in the instant accident, resulting in an injury, such as the pelle of the body part of the body of the instant vessel, the pelle of its head, and the lap of the closed lap of the base.

C. E received medical treatment from January 30, 2015 to December 28, 2016 for the treatment of injury suffered by the instant accident at the F Hospital, G hospital, and H hospital, etc. The Plaintiff, upon receiving medical treatment from E, paid KRW 13,856,740, excluding KRW 4,921,70, out of the medical care benefit cost incurred by E, 18,778,440, excluding KRW 13,856,740, from March 18, 2015 to March 13, 2017.

The mutual aid agreement of this case to which Defendant B was admitted was compensated for damage sustained by the beneficiary due to the physical impairment of passengers on board the charter fishing boat specified in the mutual aid certificate due to an accident within the coverage period, and due to the burden of statutory liability for damage, but the damage compensation was a content that applies mutatis mutandis to the payment of personal damage insurance to the motor vehicle insurance standard terms.

Under the above standard, the insurance payment limit for the injury inflicted upon E is 5,000,000 won.

E. E filed a lawsuit against the Defendants and D’s captain I claiming compensation for damages arising from the instant accident (Seoul District Court 2015Da515986). The Gwangju District Court on October 26, 2017 is the Defendant A.

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