Text
1. The Defendant’s KRW 35,296,387 as well as the Plaintiff’s annual rate from May 16, 2001 to February 4, 2015, and the following.
Reasons
1. Facts of recognition;
A. On May 16, 2001, the Plaintiff was faced with a sea-going vehicle with the wind that the driver of the vehicle B (hereinafter “AV”) was on the front of the department store in the Dong-dong, Jindong-dong, Jindong-si, Seoul, by walking along the crosswalk, in accordance with the pedestrian signals.
(hereinafter “instant accident”). The instant accident location was at least 3/5 of the Plaintiff’s crosswalks, and at the time green pedestrian signal was on-and-off.
B. The Plaintiff suffered from the injury to the left-hand son, the left-hand son, and the left-hand pelke, which requires a total of about 10 weeks of medical treatment due to the instant accident, and the Plaintiff received an alteration of the part of the left-hand son’s loss from the Hanyang University Hospital on the day of the instant accident, and received an alteration of the part of the son’s loss from the
C. After the above operation, the size of 9cm on the left corner of the Plaintiff x 5cm reflects on the left corner of the Plaintiff 】 11cm in size on the left corner x 7cm in size. D.
The defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to a sea-going vehicle.
[Reasons for Recognition] Facts without dispute, Gap 3, 4, 6, and 10 statements and images, witness D's testimony and the purport of the whole pleadings
2. Establishment of liability for damages;
A. According to the above facts, the defendant is liable to compensate the plaintiff for damages caused by the accident of this case as an insurer of a sea-going vehicle, unless there are special circumstances.
B. As to this, the Defendant asserts that, since the Plaintiff filed the instant lawsuit on December 2, 2013 after about 12 years and seven months from the date of the instant accident, the Plaintiff’s claim for damages became extinct due to the completion of prescription.
The statute of limitations of the right to claim insurance proceeds from the time of the occurrence of the insurance accident. The fact that the instant lawsuit was filed on December 24, 2013, which was ten years after the instant lawsuit was filed, is obvious in the record.
C. However, the obligor who is entitled to benefit of prescription has expired.