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(영문) 서울남부지방법원 2014.05.02 2012가단207894
손해배상(자)
Text

1. The duty to pay insurance proceeds due to the active loss of the Defendant-Counterclaim Plaintiff among the principal lawsuit of the Plaintiff-Counterclaim Defendant.

Reasons

1. The plaintiff's main lawsuit is determined ex officio as to whether the non-existence of insurance proceeds due to active damage is legitimate;

With respect to the accident described in Paragraph (3) of this Article, the Plaintiff seeks to confirm that not only the Defendant’s passive damage, consolation money, but also the insurance money from the occurrence of active damage does not exceed KRW 4,992,00,00. However, the Defendant sought damages from the above accident as a counterclaim and expressed his/her intention not to separately claim damages by taking this into account the consolation money. As such, the part seeking confirmation of the non-existence of the insurance money due to active damage in the Plaintiff’s principal lawsuit

2. The judgment on the merits and the counterclaim shall also be deemed to have been filed.

A. (1) C is liable for damages on November 3, 200, and around 10:30 on November 3, 200, the Plaintiff and the Plaintiff entered into a comprehensive automobile insurance contract with the Plaintiff in the vicinity of Yongsan-gu Seoul Metropolitan Government (hereinafter “Plaintiff-Motor Vehicle”).

(3) In the event that the Defendant was driven by the Defendant due to the negligence that did not secure the safety distance while driving a three-lane of the three-lane, the Defendant suffered the Defendant’s injury, such as the Hadern salt, etc. (hereinafter “instant accident”).

(2) According to the above facts, the Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle, and is liable for all damages incurred by the Defendant due to the instant accident.

B. The plaintiff's assertion that the scope of liability for damages is one of the parties concerned that there is no causal relationship with the accident of this case, and that in relation to the escape certificate of a protruding signboard, the plaintiff's liability for insurance payment against the defendant does not exist more than 3,537,707 won, which is passive damages to the defendant in relation to the escape certificate of the protruding signboard, the amount of damages of KRW 3,237,707, 300, and the sum of KRW 3,537,707.

As to this, the defendant shall be presumed to have been dismissed.

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