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(영문) 서울중앙지방법원 2012.05.22 2010가단93323
손해배상(자)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. B, around 06:20 on June 17, 2008, driven a C Truck (hereinafter “accidented vehicle”) and proceeded with the backway without the central line in the front line of the Kusongcheon-gun, Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seocheon-gun, Chungcheongnam-gun, Seocheon-gun, as the front side of the Dong apartment.

At this time, while driving a DNA dalb (hereinafter referred to as "obb") on the side part of the Plaintiff, the left part of the driver's seat was faced with the driver's vehicle's load while driving with the accident vehicle. The Plaintiff suffered an injury, such as blood transfusion, etc. due to the shock.

On the day of the accident, there was no room for the accident.

B. The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to an accident vehicle.

From September 24, 2008 to October 7, 2010, the Defendant paid KRW 87,856,560 to the hospital as the Plaintiff’s medical expenses.

C. The Defendant’s general terms and conditions of personal automobile insurance include the following:

① An insurance company shall pay the amount of insurance money after deducting the amount of deduction from the aggregate amount of “amount calculated according to the standard for the payment of insurance money” and “expenses” of this standardized contract. If a lawsuit is filed, the insured shall compensate for the damage claimant (including damages for delay) according to the final and conclusive judgment of the court of the Republic of Korea.

(Ⅱ) In the event the insured is liable for legal damage to the claimant for damage, the claimant for damage may directly claim insurance money to the insurance company.

(Ⅱ) Section 2 of the Terms and Conditions) (3) In the event that the amount calculated by offsetting the amount calculated according to the ratio of fault on the part of the injured party is less than the amount corresponding to the treatment expenses, the amount equivalent to the treatment expenses (including the food for hospitalized patients) shall be compensated (Article Ⅳ of the Terms and Conditions). (See Section 1), there is no dispute on the basis of recognition), Gap 3, 4, 15 evidence, and Eul.

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