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(영문) 대구지방법원 2015.11.26 2015가단102450
보험금
Text

1. The Defendant’s KRW 4,464,798 as well as the Plaintiff’s KRW 5% per annum from February 19, 2015 to November 26, 2015.

Reasons

1. Basic facts

A. On May 25, 2013, at around 23:56, when only liability insurance was subscribed, the Intervenor: (a) driven Oral Daba; (b) proceeded in front of the E restaurant located in Da in Gyeongsan-si from the Fmaart bank to the seat of the G-gu Eup office; and (c) collisioned the Plaintiff who crossed the front road of the said restaurant.

(hereinafter “instant accident.” The Plaintiff suffered injuries, such as mination of flusium executives, flusium flusium flusium flusium, flusium flusium flusium flusium, and flusium flusium flusium flusium

B. The Defendant is an insurer who entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with Nonparty H, the Plaintiff’s children, containing a special agreement on indemnity by an accident-free vehicle.

(The criteria for the payment of non-insurance injury under the insurance contract of this case are as stated in the Schedule of "Standards for Payment of Unclaimed Injury by Written Evidence"). [Based on recognition]] The fact that there is no dispute, Gap evidence 1 through 7, 9 (including each number; hereinafter the same shall apply), Eul evidence No. 4, and the purport of the whole pleadings.

2. Occurrence of liability for the payment of insurance money;

A. According to the facts of recognition of the above liability, since the plaintiff suffered injury due to an accident caused by the non-insurance accident stipulated in the insurance contract of this case, the defendant is obligated to pay the plaintiff the insurance proceeds calculated in accordance with the payment standard of the insurance proceeds stipulated in the non-insurance contract of this case.

B. Limit of liability: (a) there is negligence of crossing a roadway beyond the crosswalk without signal signal, etc. as the plaintiff, and such error contributed to the occurrence and expansion of damage caused by the instant accident.

As such, the defendant's liability is limited to 80%.

3.Except as otherwise stated below within the scope of liability for the payment of insurance proceeds, it shall be the same as each corresponding item in the separate calculation sheet, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than 10 won shall be discarded.

The amount of damages at the time of the accident.

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