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(영문) 서울중앙지방법원 2019.07.24 2017가단5136699
손해배상(자)
Text

1. As to the Plaintiff, Defendant B Co., Ltd.: KRW 67,00,00; and Defendant C Co., Ltd.: KRW 37,589,873 and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) On January 29, 2016, the Plaintiff is the Plaintiff’s secondary cargo vehicle DPoter (hereinafter “Plaintiff’s vehicle”).

) While driving a national highway No. 38, Gangwon-gu, Gangwon-gun, Gangwon-do, which was driven by the National Highway in the direction of static line on the surface of the territorial sea, the national highway was stopped from approximately 400 meters prior to the return tunnel, and the central separation zone was shocked with the front part, and stopped on the first lane (hereinafter referred to as “the first accident”).

A. However, the above road is the F body-wide car of the E-driving that runs in the same direction (hereinafter “Defendant vehicle”).

A) At around 01:40 on the same day, the Plaintiff’s right-free part of the Plaintiff’s side, which was located on the rear side of the Plaintiff’s vehicle, was faced with the lower left side of the Plaintiff’s side (hereinafter “the second accident”).

2) The Plaintiff suffered injury, due to the second accident, such as the tear tear, etc. of the upper right string, the upper right string, the first half of the first half of the first half of the first half of the second half of the second half of the year.

3) Defendant B corporation (hereinafter “Defendant B”)

(C) The automobile insurance contract for the Defendant’s vehicle (hereinafter “instant automobile insurance”).

4) Defendant C Co., Ltd. (hereinafter “Defendant C”) is an insurer who entered into a G Automobile Accident Insurance Agreement with respect to the Plaintiff’s vehicle (hereinafter “instant accident insurance”) stating that the Plaintiff’s registered insured and the period of insurance is from December 5, 2015 to December 5, 2016.

The instant accident insurance contract is limited to the payment of insurance proceeds of KRW 30,00,000 for each person, and of KRW 200,000 for disability, and Article 16(1) of the Terms and Conditions provides that the insurer shall pay the insurance proceeds after deducting the amount entitled to compensation by the automobile comprehensive insurance I and II.

B. According to the facts of recognition of liability 1, the Plaintiff sustained injury due to the operation of the Defendant vehicle, barring any special circumstance, Defendant B as an insurer of the instant automobile insurance, barring any special circumstance.

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