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1. The Defendant’s KRW 52,317,108 and its annual rate from August 26, 2013 to January 16, 2018, and the following.
Reasons
1. Facts of recognition;
A. The Defendant, at around 18:00 on August 26, 2013, driven the off-line of the off-line 2nd line in Samsung Heavy Industries, which is located in the long-distance dong at a macroscoping (hereinafter “around August 26, 2013, found the Plaintiff, who opened a crosswalk in the front line from the right side of Samsung Heavy Heavy Industries, late at the end of the two-lane from the right side of Samsung Heavy Heavy Industries, and changed the lane into one lane to avoid this. However, the Defendant was unable to avoid the contact and received the Plaintiff as the front part of the vehicle.
(hereinafter “instant accident”). In the instant accident, the Plaintiff suffered injuries, such as the structural frame and sakes on both sides, etc.
B. On March 2013, 2013, the Plaintiff’s husband C entered into an automobile comprehensive insurance contract including a non-insurance coverage agreement with the named insured and his/her spouse, etc., which provides that when the registered insured and their spouse, etc. die or die from an accident caused by a non-insurance motor vehicle, they compensate for the damage incurred therefrom within the limit of KRW 500 million per capita as stipulated in the terms and conditions. A vehicle constitutes an insurance-free motor vehicle under the said terms and conditions as it is subscribed only to the liability insurance of the Hyundai Marine Fire Insurance Co., Ltd.
The Plaintiff filed a lawsuit against Dongbu Fire and Marine Insurance Co., Ltd. (Seoul Central District Court Decision 2015Da154063). On July 7, 2017, the court rendered a judgment that “The Dongbu Fire and Marine Insurance Co., Ltd. shall pay to the Plaintiff KRW 5,005,615 and the amount calculated by the rate of 1.4% per annum from September 29, 2015 to July 7, 2017, and the amount of 15% per annum from the next day to the day of full payment,” and on July 29, 2017, Dongbu Fire and Marine Insurance Co., Ltd. paid KRW 5,185,570 to the Plaintiff on August 4, 2017.
[Reasons for Recognition] Facts without dispute, Gap 1 through 5, 13, 14 and Eul 1 and 2 are written and arguments.