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(영문) 서울중앙지방법원 2018.07.10 2016가단5132836
보험금
Text

1. The Defendant: (a) KRW 18,812,358 to the Plaintiff; and (b) 5% per annum from November 27, 2015 to July 10, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, a corporation operating non-life insurance business, concluded a comprehensive motor vehicle insurance contract with the Defendant, setting the insurance period from July 14, 201 to July 14, 201 with respect to D motor vehicles owned by the insured C (hereinafter “Plaintiffs”).

(hereinafter “instant insurance”). (b)

At around 03:30 on November 22, 2010, the Defendant sustained diversing, salt sprinking, salt sprinking, and cerebral sprinking, which require three-day medical treatment due to the occurrence of an accident of collision with G vehicles owned by E (hereinafter referred to as “diversing vehicle”) from G vehicles in the vicinity of the Songpa-gu Seoul Metropolitan Government, Songpa-gu, Seoul Metropolitan Government (hereinafter referred to as “diversing vehicle”).

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

The instant accident occurred by one’s negligence, such as drinking and signal violation of E, which is a driver of a household driving vehicle, but the household driving vehicle only subscribed to liability insurance, and as to the part exceeding the maximum amount of compensation, the Defendant claimed insurance payment to the Plaintiff as a non-life insurance security.

Accordingly, the defendant received the total of KRW 25,826,350 from the plaintiff as insurance money until November 26, 2015.

The Plaintiff filed a claim with the Seoul Southern District Court for reimbursement (hereinafter “Seoul Southern District Court”) against F, who is the owner of the Maritime Vehicle, for reimbursement of KRW 7,388,60, and KRW 17,849,170, total of KRW 25,237,770, and KRW 205, the above court ordered payment for the 7,388,600, the amount equivalent to the vehicle repair cost, and the damages for delay (hereinafter “2013da 215045”), and the decision of recommending reconciliation was finalized in the appellate court.

(Ground of recognition) Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1 and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. Judgment on the plaintiff's claim

A. The injury suffered by the plaintiff 1 caused by the accident of this case is a multi-lateral accident requiring treatment for three weeks.

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