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(영문) 서울중앙지방법원 2017.11.16 2017나10052
구상금
Text

1. The part against the defendant A in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant A is dismissed.

2...

Reasons

Facts of recognition

The Plaintiff entered into a comprehensive motor vehicle insurance contract with G, E-I. The scope of the said contract is larger than the “motor vehicle” under the Guarantee of Automobile Accident Compensation Act, which is stipulated as “construction machinery under the Construction Machinery Management Act,” as “construction machinery under the Construction Machinery Management Act,” as the “motor vehicle” is included in the “motor vehicle without insurance” under the said insurance contract.

There was a special agreement for injury security.

The defendant B is a driver of the D-car registered in the name of the defendant A and not covered by the comprehensive automobile insurance and liability insurance (hereinafter “the instant vehicle”).

around 13:39 on June 4, 2013, Defendant B was driving the instant vehicle on the road near Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, Seoul, and caused E by shocking from the left side of the direction towards the mast, E (FF) being walking on the left side of the direction to the left side of the mast, and caused E to undergo the injury, such as “The upper part of the slopings on the left side, the upper part of the right side of the 2nd slopings, and the upper part of the 1-5 double slopings on the right side.”

(hereinafter referred to as “instant accident.” The Plaintiff paid insurance proceeds of KRW 9,574,090 in total, including the medical expenses and the amount agreed upon, until May 22, 2014, pursuant to the Agreement on the Guarantee of Injury by Non-Insurance Vehicles under the Automobile Insurance Contract concluded with G, which was concluded with G.

The Plaintiff was paid KRW 50,025,570 among the above insurance proceeds of KRW 99,574,090 from Hyundai Marine Fire Insurance Co., Ltd. and the owner of the construction site at the time of the instant accident.

As of May 22, 2014, when the Plaintiff finally paid the insurance money, the damage incurred by the instant accident is KRW 95,172,184, such as the attached Table (the calculation table of the amount of damage).

[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 1 through 11 (including branch numbers in case of additional numbers) and arguments.

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