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(영문) 서울중앙지방법원 2016.06.29 2014가단143929
손해배상
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 14,790,326, and 5% per annum from December 29, 2013 to June 29, 2016.

Reasons

1. Facts of recognition;

A. On June 28, 2013, Defendant B entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with Defendant B’s named insured person and the insurance period from July 1, 2013 to July 1, 2014, between Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “instant automobile”). The instant insurance contract added a limited driving clause (hereinafter “instant special contract”) to the effect that the insured person under the age of 30 does not pay insurance proceeds with respect to any accident that occurred while driving an insured automobile.

B. On the other hand, D (E) requested Defendant B to conclude the instant lease agreement and the instant insurance contract under the name of Defendant B on the ground of its credit problems, etc., and Defendant B concluded both the lease agreement and the instant insurance contract on the instant sea vehicle under the name of Defendant B upon the above request.

However, D paid the lease fee for the instant Maritime Vehicle and the insurance premium under the instant insurance contract, etc., and the possession and driving of the instant Maritime Vehicle was also D from the beginning, and Defendant B did not have driven the instant Maritime Vehicle.

C. The Plaintiff is the owner of the FF truck (hereinafter “victim”).

G (H) around 04:15 on December 29, 2013, while driving the instant Maritime Vehicle with D’s permission and driving the instant Maritime Vehicle, the G (H) shocked the parts of the cargo loading box of the instant damaged vehicle on the road front the 363.3 kilometers of the mid-top Highway of the Do of Gwangju City.

As a result, the Plaintiff was injured by the two sides, climatics, and climatic salts, etc., which require three weeks’ medical treatment, and D, who was accompanied by G and the Chief of the Maritime Vehicle, was killed (hereinafter referred to as “instant accident”).

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