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(영문) 울산지방법원 2016.11.16 2016나20992
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with A and B, with a special agreement for limited driving for at least 43 years of age, without any restriction on drivers, and with a period from November 21, 2013 to November 21, 2014, and the Defendant is a mutual aid insurer who entered into a motor vehicle mutual aid agreement with C truck (hereinafter “Defendant”).

B. D (at that time, 52 years of age) driven the Plaintiff’s vehicle on August 29, 2014, and was working on the side of the race-si, the road in the vicinity of the old valley, which is located in this Article, was under the direct direction from the bend of the mouth to the view of the string of the string.

At that time, E, who driven the Defendant’s vehicle and led to the right-hand fence of the Plaintiff’s vehicle, did not discover the Plaintiff’s vehicle, which was directly moving to the right-hand side from the above eroding, and was shocked by the left-hand part of the Defendant’s vehicle.

(hereinafter referred to as "the accident of this case". (c)

D due to the instant accident, D requested the Defendant to guarantee the payment of the medical expenses incurred in brain-dead, pathal spawal, and spawal spathal (hereinafter “the instant injury”). However, the Defendant refused the said request on the ground that the instant accident did not receive the notification of the personal accident.

Accordingly, D claimed the Plaintiff for medical expenses for the injury of this case as insurance money for self-physical accidents.

From October 24, 2014 to December 31, 2014, the Plaintiff paid KRW 1,000,000 as the insurance money for self-physical accidents of class 11 in accordance with the Plaintiff’s Comprehensive Automobile Insurance Terms and Conditions (hereinafter “Terms and Conditions of this case”) for the F medical clinic who treated D three times during the period from October 24, 201 to December 31, 2014 = KRW 314,340 as the payment of KRW 314,340 as of December 24, 2014, KRW 200,200 as of December 31, 2014.

D The total amount of medical expenses claimed in three times = KRW 1,070,130 = the amount claimed in October 24, 2014, KRW 314,340, the amount claimed in December 17, 2014, KRW 200,200, the amount claimed in December 31, 2014, KRW 55,590, the amount claimed in December 31, 2014.

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