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(영문) 인천지방법원 2017.11.14 2016가단38459
손해배상(자)등
Text

1. The Plaintiff:

A. Defendant B and C jointly share KRW 92,446,853 and their related thereto from January 11, 2016 to November 14, 2017.

Reasons

1. Occurrence of liability for damages;

A. Basic facts (i) On January 10, 2016, the Plaintiff was driving D CT 1110 Oral Ba, and driving the three-lane road in front of the F in Busan Bupyeong-gu, Incheon, along the one-lane road from the area of the mountain fire station and the one-lane road from the area of the bank.

Shebly, Defendant B driven G rocketing car (hereinafter referred to as the “Defendant vehicle”) and proceeded along with one lane of the above road in the Plaintiff’s opposite part, and she was the left-hand side of the Plaintiff Oral Bab as the front-hander.

Article 22(1) of the Civil Procedure Act provides that the Plaintiff was unable to perform his/her duties, and the Plaintiff was unable to perform his/her duties.

x) Defendant C, the owner of the Defendant vehicle, subscribed to a comprehensive insurance with a special agreement with the age limit of at least 48 to Samsung Fire and Marine Insurance Co., Ltd., and Defendant B, the driver of the said vehicle, was under 48 years of age at the time of the instant accident.

(v) Meanwhile, Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) was an entrusted institution for the Guarantee of Automobile Accident Compensation Business. At the time of the instant accident, the Plaintiff subscribed to a personal automobile insurance including the Defendant Co., Ltd.’s “the maximum compensation amount of KRW 500,000,000.”

⑹ 피고 회사의 약관 중 무보험자동차에 의한 상해에 관한 부분 및 보험금 지급기준 관련 조항은 다음과 같다.

Article 20 (Calculation of Insurance Money to be Paid) The Insurance Money to be Paid for the Injury by Non-Insurance Vehicles under Section 2 shall be calculated as follows:

Insurance money to be paid = Expenses calculated by the standard for the payment of insurance money - deducted amount

1. The term “insurance money” shall be limited to the amount of insurance covered as stated in the insurance policy.

3. “The amount of deduction” refers to the following:

It is the amount payable pursuant to the Personal Compensation I (including responsible deductions and government assistance projects).

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