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(영문) 서울중앙지방법원 2018.07.17 2017가단5077783
구상금
Text

1. The Defendants’ respective Plaintiff amounting to KRW 91,135,130 and KRW 36,639,090 among them, respectively, from July 1, 2017, and KRW 54,496,040.

Reasons

1. Facts of recognition;

A. On May 20, 2016, at around 04:35, the Defendant C, without a driver’s license, driven an epic vehicle owned by Defendant D, his father (hereinafter “Defendant C”) on May 20, 2016, in a drinking condition, led Defendant C to the back-line of the I Epiced Rason car (hereinafter “Plaintiff C”), which was driven by Defendant D, while neglecting the duty of front-rounding, while driving one-lane in front of the G restaurant in the Gu and Sinsi F, from the 4th construction distance away from the emuls of the city in the Gu and Sinsi, while neglecting the duty of front-rounding.

Due to the shock, the driver H who was on board the plaintiff's vehicle due to the collision with other vehicles by borrowing the backer of the vehicle which was stopped in front of the plaintiff's vehicle, and due to the shock, suffered from injury such as a freshing and closing of a chest for about 6 weeks of treatment, and the fresh J suffered from injury such as a freshing, freshing, etc. which requires about 16 weeks of treatment.

(hereinafter “instant accident”). (b)

1) Defendant B Co., Ltd. (hereinafter referred to as “Defendant Company”)

B) As to the Defendant’s vehicle, a comprehensive automobile insurance contract with respect to the Defendant’s vehicle D and the insurance period from November 21, 2015 to November 21, 2016 (hereinafter “instant insurance contract”).

(2) The Plaintiff entered into an automobile insurance contract (hereinafter “Plaintiff’s insurance contract”) with K as to the Plaintiff’s vehicle owned by K, the insured, H, and the insurance period from April 27, 2016 to April 27, 2017, which included an automobile accident coverage clause (hereinafter “instant automobile insurance contract”).

C. The Plaintiff paid the Plaintiff’s insurance proceeds and the Defendant Company’s liability insurance proceeds in relation to the instant accident, the Plaintiff paid KRW 85,712,050, in addition to the Defendant Company’s liability insurance proceeds, from September 7, 2016 to August 25, 2017, in total, KRW 85,712,050, and pursuant to the Non-Insurance Injury Security Clause.

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