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(영문) 서울중앙지방법원 2016.07.18 2015가단586
구상금
Text

1. Defendant A and B jointly share KRW 71,811,670 for the Plaintiff and the Plaintiff’s years from August 1, 2014 to January 15, 2015.

Reasons

1. The judgment as to the claim against Defendant KS insurance Co., Ltd. (formerly, ELI Co., Ltd., Ltd., Ltd., and, below, ELI insurance Co., Ltd., Ltd.)

A. From April 21, 2013 to April 21, 2014, the Plaintiff entered into a comprehensive personal automobile insurance contract with C and insured vehicles with D AB (hereinafter “instant one insurance contract”) between the Plaintiff and C.

The insurance contract of this case 1 guarantees "non-insurance accident insurance" within the limit of KRW 500 million per person, and there was a "family limited agreement" as a special agreement.

From January 13, 2013 to January 13, 2014, Defendant K non-life insurance entered into an automobile comprehensive insurance contract with Defendant A and insured vehicles as F EpⅡ (hereinafter referred to as “instant vehicle”) (hereinafter referred to as “instant insurance contract”) between Defendant K non-life insurance and E.

The insurance contract of this case 2 was 43 years of age or older, and the limited driving ‘the limited driving ‘the part of ‘(2)' was entered into a special agreement.

At around 22:50 on December 1, 2013, Defendant B, a child of Defendant A, carried G, who is his offspring C, on the top of the steering box of the instant vehicle, and was driving on the road near the day-to-day patrol box at the front of the instant vehicle, and the vehicle was returned to the vehicle (hereinafter “instant traffic accident”).

Due to the instant traffic accident, G suffered injury, such as blood pressure trags on the left side, and the Plaintiff, the insurer of the instant insurance contract, paid KRW 129,857,970 (i.e., medical expenses KRW 8,857,970) to G, a child of C, based on the non-insurance coverage agreement (limited to family members) (i.e., KRW 120,100,000).

Afterward, Defendant K non-life insurance received a total of KRW 58,046,30 under the title of the liability insurance (personal compensation I) under the instant insurance contract 2.

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