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(영문) 서울북부지방법원 2017.07.13 2016가합22404
보험금 청구의 소
Text

1. The Defendant: (a) against Plaintiff A, the amount of KRW 60,270,982, Plaintiff B, and C, respectively, KRW 36,513,988 and each of the said amounts.

Reasons

1. Basic facts

A. D On January 15, 2015, at around 21:40, driving an EM5 car (hereinafter “diver vehicle”) and driving a sea-going G crossinging the road to the port from the right side of the direction while driving at a speed of about 70 to 80km away from the old funeral distance in the front side of the company bank, which is located in E in E in E in terms of harmony, along with the first line road in front of the company bank, at a speed of about 70 to 40km.

The Deceased died due to his shock that fell in the opposite lane, and due to a sudden suspension due to the protruding blood in his job.

(hereinafter “instant accident”). B.

Plaintiff

A’s spouse, Plaintiff B, and C are the deceased’s children, and the Defendant is an insurance company which has concluded a comprehensive automobile damage compensation insurance contract (hereinafter “instant insurance contract”) with respect to a household-powered vehicle driven by D.

C. D was sentenced on November 19, 2015 to imprisonment without prison labor at the Suwon District Court for 8 months and 2 years of suspended execution, due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents due to the instant accident, and the said judgment became final and conclusive.

D deposited 25 million won as a criminal agreement amount regardless of whether it is liable for damages in the middle of criminal trial.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7 through 9, 11 through 14, Eul evidence Nos. 1, 2 and 6, and the purport of the whole pleadings

2. Occurrence of and limitation on liability for payment of insurance proceeds;

A. According to the above fact of recognition of liability, the accident of this case was caused by negligence in the course of driving a harming vehicle by neglecting the duty of D on the front side and the left side. Thus, the defendant is an insurance company of a harming vehicle and is liable to compensate for the damages suffered by the plaintiffs, who are the deceased and their family members, due to the accident of this case, unless there are special circumstances.

B. The limitation of liability is limited, however, there is negligence of crossing a two-lane road from the clothes in the color of night to return to and from the deceased at night, and such negligence also resulted in the occurrence of the instant accident and the expansion of damage.

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