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(영문) 전주지방법원 2018.09.11 2017가단23167
보험금
Text

1. The Defendant: (a) KRW 25,473,494 for each of the Plaintiff A and B; and (b) KRW 600,000 for each of the Plaintiff C; and (c) from October 6, 2017 to September 2018.

Reasons

1. Facts of recognition;

A. A. D (E) driven a F Twelon car (hereinafter “Aison vehicle”) at around 02:20 on April 3, 2016, while under the influence of alcohol 0.115% on blood alcohol level, and entered the intersection of the Twelon-gun Embro, Yancheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do, into the speed of 50km per hour from the Sincheon-do, Seocheon-do, Seocheon-do, Seocheon-do. Despite the occupational duty of care to prevent accidents, D (E) was under the influence of alcohol, while performing the duty of care as seen above while neglecting the above duty of care, and had the soil wall in the front direction of the vehicle go into the front part of the vehicle.

(hereinafter “instant accident”). Around April 2, 2016, G (hereinafter referred to as “the deceased”) on the part of a sea-going vehicle was killed due to 02:30 on April 2, 2016, due to cerebral Bribery damage, ductal dunes, etc.

B. Due to the instant accident, D was indicted for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act (driving) as the Hongsung Branch Branch of Daejeon District Court, and was sentenced to a conviction of community service order for three years and 120 hours on August 30, 2016, by imprisonment with labor on August 30, 2016.

C. The plaintiff A and B are the parents of the deceased, and the plaintiff C are the remaining births of the deceased.

The Defendant is an insurer which has agreed to enter into a comprehensive automobile insurance contract with the Plaintiff as to H vehicle A (hereinafter “instant insurance contract”) with the content of compensating the insured (including his/her children) for any loss incurred when the insured (including his/her children) died or died due to an accident resulting from the non-insurance accident, as prescribed by the terms and conditions.

E. The terms and conditions of the instant insurance contract pertaining to the instant case are as follows.

Section 3. Loss-free motor vehicle covered by Article 22.

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