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(영문) 제주지방법원 2015.06.17 2014나4521
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who purchased a business automobile insurance (hereinafter referred to as “Plaintiff”) with respect to D owned by C (hereinafter referred to as “C”), and the instant insurance contract includes the child (whether or not he/she was on board the insured) of the registered insured under Article 12(2)2 of the Terms and Conditions of the instant insurance contract, in the scope of persons entitled to claim compensation from injury caused by an insurance company.

B. At around 17:55 on November 19, 2007, Defendant A, while driving a vehicle owned by Defendant B, was only in front of the G G G G G G G G G G G G G G G K in Jeju. While Defendant A temporarily suspended the crosswalk before the crosswalk and checked the front bank properly, Defendant A’s negligence caused C’s child H where the crosswalk was cut down.

As a result, H suffered injuries, such as damage to the elel executive members of the lele to the lele to the lele to the le tosle to the le tosle to the le tosle

(hereinafter referred to as “instant accident”). C.

Meanwhile, as to the Defendant B-owned vehicles, the Plaintiff subscribed to the liability insurance company only to the Korea Commercial Cargo Insurance Co., Ltd., the Plaintiff paid a total of KRW 57,613,090 (i.e., KRW 56,213,090, KRW 1,200,000, and KRW 200,000 for medical examination costs) according to the instant insurance contract. The Plaintiff returned KRW 12,50,000 from the Korea Commercial Cargo Insurance Co., Ltd., and KRW 22,556,540 from the Hyundai Commercial Cargo Damage Insurance Co., Ltd., Ltd. to the Plaintiff vehicle, respectively.

◆ 무보험자동차에 의한 상해

1. (1) Where the insured dies or dies of an accident caused by an insured motor vehicle, and there is a person liable to compensate for any damage incurred therefrom, the insurer shall be bound to compensate for the damage as prescribed by this Clause;

(2) An insurance company shall deduct the amount of deduction from the aggregate amount of this standardized contract’s “amount calculated according to the standard for payment of insurance proceeds” and “expenses”.

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