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(영문) 전주지방법원 2017.06.01 2016나2621
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff entered into an automobile insurance contract with the Defendant with respect to the BAW car (hereinafter “Plaintiff”), with respect to which the Plaintiff and the insurance period from April 1, 2011 to April 1, 2012 were the Plaintiff, and the Plaintiff entered into an automobile insurance contract with respect to the automobile from April 1, 2011. The said insurance contract includes an automobile injury agreement with the effect that the Plaintiff compensates the Plaintiff for damage according to the terms and conditions within the limit of KRW 30 million, the injury, and the disability amount within the limit of KRW 200 million.

(hereinafter referred to as “instant insurance contract”). (b)

Terms and Conditions of Insurance Contract / [18] Special Terms and Conditions of Automobile Injury Insurance

1. The insurance proceeds paid by the Company (3) shall be the sum of the insurance terms and conditions [24] personal compensation, the amount calculated according to the standard for payment of injury by an insured motor vehicle, and the “expenses” minus the amount of deduction.

[24] The criteria for the payment of personal injury or injury by an insured motor vehicle

(a) Death;

3. Loss amount; and

(b) The amount calculated as follows only for a person who can prove the real income amount by the method of calculating the real income (1) method, 1) method, and who can calculate the income by the relevant evidence under tax-related Acts:

(b) A person for whom it is difficult to prove the amount of 2 real income, who is unable to calculate income pursuant to the relevant evidence under the tax-related Acts, shall be the amount calculated as follows:

b) Business income earner = Wage of daily employed workers <2. The term “daily wage” in this insurance is calculated as follows by applying the approval authority for statistical compilation under Article 3 of the Statistics Act (the Korea Construction Association in the construction sector, the Korea Construction Association in the manufacturing sector, the small-scale federation in the manufacturing sector, and the ordinary worker’s wage out of the published wages:

(The ordinary wage in the field of construction work) / 2 x the calculation as of 25 days in calculating monthly wages.

(b) Injury;

2. The consolation money;

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