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(영문) 창원지방법원 2020.09.17 2019나56408
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. On March 30, 2016, the Plaintiff and Nonparty C concluded a comprehensive automobile insurance contract concerning D vehicles (hereinafter “instant insurance contract”) with the Plaintiff as the insurer, the contractor, and the named insured. The main contents of the said insurance contract are as follows.

Section B of Article 17 of the Injury by Uninsured Motor Vehicles Act, in the case where there is a person liable to compensate for the damage incurred by the insured from an accident caused by Uninsured Motor Vehicles, the insurer shall be bound to compensate for the damage as prescribed by this Clause.

Article 18 (insured) (1) In the Act on the Injury by Uninsured Vehicles, the Insured shall be as follows:

2. A registered insured person or the parents and children of his/her spouse (whether or not he/she was on board the insured vehicle);

B. Around 14:35 on November 10, 2016, the Defendant: (a) driven a E vehicle and proceeded to turn to the left at the G cafeteria located in the Changwon-si, Changwon-si; (b) obstructed Nonparty H (C) crossing the road near the crosswalk (hereinafter “instant accident”); and (c) thereby, H suffered injury, such as supper, flup, flup, etc.

C. Under the instant insurance contract, the Plaintiff paid H totaling KRW 19,59,300 to H from February 1, 2017 to March 22, 2018, in accordance with the instant accident, according to a special agreement on the coverage of an insured motor vehicle.

The Plaintiff received 11,627,080 won from the Defendant’s liability insurance company, and received total 6,266,105 won from other double insurers.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, 11, 12, Eul evidence 1, 2 and 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion of this case.

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