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(영문) 수원지방법원 2021.01.21 2020나51181
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport and purport of the appeal [the purport of the appeal]

Reasons

. Payment was made;

E. On September 12, 2018, the Plaintiff paid insurance amount of KRW 23 million to C according to a special contract that covers non-insurance coverage contained in the instant insurance contract, and the same year.

9. From 13. to 12.12. of the same year, G hospitals and H hospitals were paid KRW 2,978,610 in total under the above special agreement as medical expenses.

F. C entered into a comprehensive automobile insurance contract with an I Co., Ltd., other than the Plaintiff, and on September 21, 2018, received insurance money of KRW 12,642,790 from the said Company due to the instant accident.

G. C: (a) from the Defendant on July 31, 2018, KRW 300,000,000; (b) the same year

8. 28.2.7 million won was paid.

H. The terms and conditions of the instant insurance contract pertaining to the instant case are as follows.

In the case of injury caused by an insured motor vehicle in Section 2, Article 17 (Compensation for Loss) of the Injury caused by an insured motor vehicle, if the insured has a person who is not entitled to compensate for the damage caused by an accident caused by an insured motor vehicle, the insurer shall compensate for the damage as provided in this Clause.

(*1) The term "person without compensation" refers to a person who is legally liable for any damage caused to the insured by the death or injury of the insured due to an accident caused by an insured motor vehicle.

Article 20 (Calculation of Insurance Money to be Paid) The insurance money to be paid for an injury by an insured motor vehicle shall be calculated as follows, and the insurance company shall pay the insurance money after deducting the amount of the insurance money from the sum of the amount calculated according to the standard for the payment of insurance money and the “expenses” of this standardized contract:

3. The above "amount of deduction" refers to:

(c)

Amount that can be paid pursuant to 2 or a mutual aid contract for a motor vehicle that was an insured person on board;

D. An insured person’s damages amount already paid by the insured person’s duty to compensate [founded grounds for recognition] does not dispute, Gap’s evidence Nos. 1 through 12, and the purport prior to pleadings.

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