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(영문) 서울중앙지방법원 2016.07.28 2015나74304
손해배상(자)
Text

1. Of the judgment of the court of first instance, Defendant Eastern Fire Marine Insurance equivalent to the following additional payments.

Reasons

1. Basic facts and

2. The reasoning of the court’s explanation concerning the claim against Defendant malicious damage is as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable to accept the claim as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The reasons why this Court shall explain this part of the judgment concerning the claim against the defendant's East Fire are as follows. The reasons for the judgment of the court of first instance include not more than 7, 12, and not more than 8, 11, from among the reasons for the judgment, the following are added, and the 8, 20, 20, 9, and 3 are as follows. The damages calculation table reflecting the increase in urban daily wage is replaced by the corresponding part of the reasons for the judgment of the court of first instance, except for the replacement of the attached damages calculation table reflecting the increase in urban daily wage as follows. Thus, it is cited as is in accordance with the main sentence of

[Supplementary Parts] Part 7 and 12, Defendant Dong Dong Fire, even if liability is recognized, asserts that Defendant Dong Dong Fire is liable for damages exceeding KRW 100,000,000,000 under the Guarantee of Automobile Accident Compensation Act. This case’s special clause provides that “If insurance money is payable by an insurance contract applicable to another automobile, the excess amount shall be compensated only when the amount to be compensated by the company exceeds the amount to be paid by the insurance contract of another automobile.” As seen earlier, Defendant Dong Fire, as the accident does not fall under the case where insurance money can be paid by another automobile insurance contract, shall be fully liable for Defendant Dong Fire, as it does not fall under the case where the insurance money is payable by the insurance contract of another automobile. Accordingly, Defendant Dong Fire, not more than 11, should be calculated on the basis of the ordinary part of the city at the time of the occurrence of the accident.”

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