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1. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) against the Defendant-Counterclaim Plaintiff on May 26, 2013, Gangwon-do Jeong-gun around 16:35.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurance company that entered into a comprehensive motor vehicle insurance contract with the D motor vehicle owned by B (hereinafter “instant D motor vehicle”).
B. B around May 26, 2013, around 16:35, 2013, while driving the instant sea-going vehicle in the area E-ro, Gangwon-do, Stacking the central line of the instant sea-going vehicle, strokeed to the stroke, while driving the instant sea-going vehicle.
(hereinafter “instant traffic accident”).
C. At the time of the instant traffic accident, the Defendant was seated with the rear seat of the instant Maritime Vehicle.
[Grounds for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 5, Gap evidence 6-1, 2, 3, and Gap evidence 8, the purport of the whole pleadings]
2. As the principal claim of this case, the Plaintiff sought confirmation that the Plaintiff’s obligation to pay insurance money to the Defendant does not exist any longer, as long as the Plaintiff paid the damages amounting to KRW 14,363,740 on the pretext of king medical expenses, agreed money, etc. due to the traffic accident of this case.
On the other hand, the Defendant filed a counterclaim of this case, under the premise that the instant traffic accident caused a serious injury to each other, 10,095,50 won of the king treatment expenses for cronchis for cronchis, 10,095,500 for cronchis, 800,306 won of the treatment expenses for cronchis for cronchis, and 2 million won of the treatment expenses for cronchis, 5 million won of the treatment expenses for cronchis, 77,970,53 won of the daily income, cronchis, 30 million won of the compensation for cronchis, etc.
(3) According to the above facts, the Plaintiff is liable to compensate for the damages suffered by the Defendant due to the instant traffic accident as the insurer, according to the fact that the Plaintiff is liable for damages, as the insurer.
4. Scope of liability for damages
A. The key issue of the instant case (1) The Plaintiff, the Defendant, in the principal lawsuit and the counterclaim of the instant case, injured the Defendant of the patrial patriarche due to the instant traffic accident.