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1. The Defendant (Counterclaim Plaintiff) caused the death of the victim by negligence in Songpa-gu Seoul on May 20, 2013.
Reasons
1. Basic facts
A. A. Around July 2009, the Plaintiff entered into an agreement with Nonparty C on “non-distribution LIG car insurance” (hereinafter “instant insurance contract”) with the content of compensating the Defendant for various damages incurred by the insured due to an accident while driving a motor vehicle by taking the Defendant as the insured and the beneficiary.
B. Of the terms and conditions of the instant insurance contract, the main contents of the general terms and conditions concerning defense costs, criminal agreement death subsidies, grounds for payment of license suspension consolation benefits are as follows. The amount of insurance coverage for defense costs is KRW 5,000,000 per accident, the amount of insurance coverage for criminal agreement death subsidies is KRW 50,000 per person, the amount of insurance coverage for license suspension consolation benefits is KRW 20,000 per day up to 60 days, and the amount of insurance coverage for license suspension consolation benefits is KRW 20,000 per day.
[Ordinary Terms and Conditions] Article 20 (Defense Expenses) The company is bound by a detention warrant by reason of the insured's injury to another person's body (excluding physical assistive equipment, such as acceptance, doubt, agenda, and chair) due to a traffic accident while driving a motor vehicle during the insurance period, or is prosecuted by the prosecution (hereinafter "prosecution"), the company will pay the purchase price of defense costs to the beneficiary for each accident as defense costs.
[Criminal Agreement Death Support Fund (AF) 1. Article 1 (Indemnity for Loss) 1 of the Company provides that if the insured has caused the death of another person (except in the case of a parent, spouse, and child of the insured) due to a sudden and incidental motor vehicle accident (hereinafter referred to as "traffic accident while driving a two-wheeled vehicle) while driving a two-wheeled vehicle directly during the insurance period, the Company will pay the amount of insurance coverage of this Special Agreement to each other as criminal agreement death support fund.
Provided, That the insured shall not be prosecuted as a criminal suspect in an investigator.