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(영문) 대구지방법원 2016.12.14 2016나5694
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff entered into a comprehensive motor vehicle insurance contract with C as to the D motor vehicle owned by C (hereinafter “Plaintiff”) with the insured, and subscribed to a non-insurance motor vehicle injury guarantee agreement to compensate in the event the insured suffers an injury due to an accident caused by the non-insurance motor vehicle.

(hereinafter referred to as “instant non-life insurance agreement”) B.

A around 09:00 on June 26, 2015, when Defendant A operated a vehicle E (hereinafter “Defendant”) owned by the Defendants, in violation of the signal at the intersection near the second class library located in the middle class of the Daegu Seo-gu, the second part of the Plaintiff’s vehicle, which was left left left pursuant to the new subparagraph, was shocked by the front part of the left part of the left part of the Defendant’s vehicle.

(hereinafter “instant accident”). C, who was on board the Plaintiff’s vehicle, suffered injuries that need to be treated and observed for a period of two weeks, such as cathere, tensions, and tensions, of catum, and tensions.

C. Meanwhile, at the time of the instant accident, the Defendant’s vehicle and its insurance period were from November 20, 2014 to November 20, 2015, concluded only the personal liability insurance and the liability insurance contract with the amount as stipulated in the Guarantee of Automobile Accident Compensation Act and the Enforcement Decree thereof with the compensation as well as the personal liability insurance with the amount as stipulated in the said Act.

(hereinafter “instant liability insurance”). D.

On July 3, 2015, the Plaintiff paid KRW 1,645,070 in total, including KRW 1,150,000 as damages, KRW 356,00 as medical expenses, and KRW 1,645,070 as of September 15, 2015, to C as medical expenses, according to the instant non-life liability insurance agreement. The Plaintiff received KRW 800,000 as the amount of liability insurance for the instant liability insurance covered by the Defendant’s vehicle, with the amount of liability insurance in accordance with the instant liability insurance policy [1] attached Table of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and video numbers.

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