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(영문) 울산지방법원 2015.08.12 2015가단2347
손해배상(자)
Text

1.(a)

Defendant F shall pay Plaintiff A KRW 767,163,803, and KRW 8,000,000 to Plaintiff B, respectively, and KRW 4,00,000,00 to Plaintiff C and D.

Reasons

1. Occurrence of liability for damages;

A. Fact-finding 1) Defendant F: (a) around 05:30 on October 16, 2012, Defendant F is the passenger car of Gsch Rexroth (hereinafter “Defendant F”)

2) Defendant F, in violation of the vehicle signal, entered Defendant F’s vehicle into the crosswalk and sustained the Plaintiff A’s external cerebral blood transfusion, etc. on the right side of the Defendant’s vehicle, with the two-lane road in front of the Gyeong Riverside Apartment apartment located in Ulsan-gu, Ulsan-gu. The Plaintiff was driving along the two-lane road from the front side of the front side of the front side of the front side of the front side of the front side of the front side of the front side of the road, and the Plaintiff cut off the crosswalk installed with signal apparatus inside the front side of the front side of the front side of the road.

(3) With respect to the Plaintiff’s H vehicles, Nonparty A, a fraud of the Plaintiff A, subscribed to an automobile comprehensive insurance contract at the Defendant Hyundai Sea, an insurance company for J and K vehicles (hereinafter “each of the instant insurance contracts”).

(2) In light of the above, the insured’s duty to pay insurance proceeds under the terms and conditions, regardless of whether the insured died or was on board the insured vehicle, as prescribed by the insured’s respective non-insurance accident agreement, by making the insured’s parents and the parents of the insured’s spouse as the insured for each of the above insured vehicles as the insured. (hereinafter “each of the instant non-insured agreements”)

(4) At the time of the instant accident, the Defendant’s vehicle was in the status of being covered by the liability insurance policy to Non-Party ELA non-party ELA Co., Ltd.

[Reasons for Recognition] Facts without dispute, Gap 1-6 evidence 3

B. According to the above facts finding the liability for damages, Defendant F is liable for damages suffered by the Plaintiffs due to the instant accident, and Defendant Hyundai Sea was injured by the Plaintiff A, the insured of each of the instant special agreements, due to the accident caused by the non-insurance. Accordingly, the Plaintiff A was each of the instant agreements.

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