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1. The Defendant’s KRW 15,478,410 for the Plaintiff and KRW 5% per annum from June 22, 2018 to September 9, 2020.
Reasons
1. Facts of recognition;
A. D entered into a comprehensive automobile insurance contract with respect to vehicles E (hereinafter “instant insurance contract”) between the Plaintiff and the Plaintiff, and subscribed to a special agreement for injury security with respect to the non-insurance motor vehicle.
B. On September 1, 2017, the Defendant, while driving a 06:04 blood alcohol concentration of 0.183% under the influence of alcohol, sustained bodily injury, etc. on the part of the Defendant, while driving the access road of 277-4 Yang Tropical Nam-gu, Yeongdeungpo-gu, Seoul, with the oil of Yeongdeungpo-gu, caused by the shock between the protective accident caused by the driver’s care, while driving the 277-4 Yang Tropon road, the Defendant sustained bodily injury, etc. on the part of the Defendant.
(hereinafter referred to as “instant accident”). C.
Based on the instant non-insurance contract’s non-insurance contract, the Plaintiff paid KRW 30,956,820 to F from September 1, 2017 to March 26, 2018 under the name of medical expenses, etc. incurred from the instant accident.
In the injury caused by an insured motor vehicle in Section 3, Article 22 (Compensation for Loss) of the Act, if there is a person liable to compensate for the damage caused by the death or injury caused by an accident caused by an insured motor vehicle, the insurer shall be bound to compensate for the damage as prescribed by this Agreement.
In the case of injury caused by an insured motor vehicle under Article 23 (insured) the scope of the insured shall be as follows:
2. A registered insured person or the parents and children of his/her spouse (whether or not he/she was on board the insured vehicle);
D. Under the instant insurance contract, the main contents of the terms and conditions relating to the accident security agreement by the non-insurance motor vehicle are as follows:
(e)F is a child of D;
【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5, the purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s argument purported that the instant accident occurred due to the Defendant’s drinking driving and driving.