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(영문) 서울중앙지방법원 2017.06.27 2016가단5018879
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 9,900,000 to the Defendant (Counterclaim Plaintiff) and the amount from April 3, 2015 to May 4, 2016.

Reasons

1. Facts of recognition;

A. Between January 13, 2015 and January 14, 2015, the Plaintiff suffered injury, such as a stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke spelke spelke spelke spelke spelke spelke spelke spelke spelke spelke spelke spelke spelke spelke spelke spelke scoke spelke spelke scoke spelke spelke scoke spelke scoke scoke scoke scoke, the Plaintiff’s residence at the time of the report below, at around 02:37, 119 on January 14, 2015, and was hospitalized through an emergency vehicle, and received the same day scoke scoke scoke scoke ste.

B. Meanwhile, around January 30, 2013, the Defendant is an insurance company that entered into a comprehensive insurance contract with F, the Plaintiff’s land owner, with the term of the contract from January 30, 2013 to January 30, 2018, with respect to “H,” which is a Goyang-gu G Handphone store located in Gyeyang-gu G. According to the guarantee of “facility owner’s liability” in the above insurance contract, the Defendant is obliged to compensate for the actual damages incurred by F, due to an unexpected accident that occurred in the course of performing duties for the facilities of the said “H” and the use of such facilities, by bearing legal liability for the physical injury or property damage of another person. As to the actual damages incurred by F, the Defendant is obliged to compensate for the damages up to KRW 100 million per person and KRW 1 billion per accident.

(F) however, bear 100,000 won per accident.

Around March 30, 2015, the Plaintiff: F and the Plaintiff was involved in an abortion at the said H store; on the premise that the Plaintiff was involved in an accident, the Plaintiff drafted a written agreement to set the amount of damages at KRW 10 million, but if the Plaintiff’s damage is expanded due to an obstacle, the Plaintiff paid the Plaintiff KRW 900,000 as insurance money until April 2, 2015 in accordance with the insurance contract as seen earlier.

[Ground of Recognition] Facts without dispute, Gap evidence 3 to 10, and Eul 1.

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