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(영문) 서울중앙지방법원 2019.12.06 2019가단5031422
보험금
Text

1. The defendant,

A. As to the Plaintiff A and B’s KRW 8,00,000 and KRW 4,000 among them, from July 24, 2017 to 4,000,000.

Reasons

1. Facts of recognition;

A. The Plaintiff C’s spouse E entered into an automobile insurance contract (hereinafter “instant insurance contract”) with the Defendant on the FK7 Motor Vehicles (hereinafter “instant Motor Vehicles”) including the Defendant and the registered insured E, personal injury I, personal injury II, personal injury II, personal injury, automobile injury (100 million won at the time of death), non-insurance, non-life-free injury, and self-motor vehicle damage.

B. On July 23, 2017, Plaintiff C driven the instant vehicle and driven the instant road in front of Songpa-gu Seoul Metropolitan City G from the intersection to the H apartment zone along the three-lanes of the speed four lanes, and due to the negligence attributable to the left-hand turn from the two-lanes of the I driver’s JM5 vehicle, which was left-hand pursuant to the new subparagraph, and accordingly, died from the brain death, etc. around 23:02 on the same day.

C. As a result of deliberation by the L Deliberation Committee on the instant accident, the Plaintiff C’s negligence was decided to 90%, and 10% of the I’s negligence. As to the instant accident, the Plaintiff C received a summary order of KRW 5 million due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.).

(Seoul Eastern District Court 2017 High Court 12659). D.

The deceased was at the time of the death of 90 years of age and 2 months of age, who was the inheritor, the Plaintiff A, B, and M (N as the deceased’s child before the deceased’s death), and the Plaintiff C, on November 8, 2018, after the instant accident, was handed down with the deceased on November 8, 2018 (Seoul Family Court Decision 2018ddan324431).

E. Of the instant insurance contract terms and conditions, the parts on the insurance money I and the special terms and conditions for automobile injury are as follows.

[I] Article 10 (Calculation of Insurance Money to be Paid) ① Personal Compensation I, Personal Compensation II, and Personal Compensation Insurance Companies are calculated according to the standard for the payment of insurance money of this Clause.

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