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(영문) 서울중앙지방법원 2015.04.07 2013나57848
구상금
Text

1. The defendant's appeal is dismissed.

2. According to the plaintiff's expansion of the purport of the claim in the trial, the defendant 6.

Reasons

1. Facts of recognition;

A. At around 16:00 on January 26, 2012, the Defendant: (a) driven a Bbeer or vehicle (hereinafter referred to as “diversing vehicle”) around the Geum-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu

(hereinafter referred to as the "accident". D, which has been seated on the driver's seat of the damaged vehicle, suffered injuries that require two weeks' medical treatment, such as climatic salt, etc. due to the above accident.

B. Although the Defendant concluded an automobile insurance contract with Hyundai Liber Damage Insurance Co., Ltd. with respect to the above Libers, it was in the condition that the Defendant subscribed only to the liability insurance Ⅰ as collateral items and did not subscribe to the Large Liability Insurance Ⅱ.

C. The Plaintiff is an insurer that entered into an automobile insurance contract that covers personal injury I, personal injury II, personal injury, personal bodily accident, personal injury, and self-motor vehicle damage with respect to the E vehicle between D and D.

According to Article 1 subparag. 5 (a) of the General Terms and Conditions of the said Automobile Insurance Contract, the instant Maritime Vehicle, which did not purchase a comprehensive indemnity insurance policy, constitutes an non-life-free automobile. Accordingly, according to the insurance contract, the Plaintiff paid insurance proceeds of KRW 5,918,430 in total, and KRW 348,030 in total, as additional medical expenses, until February 22, 2013, from around February 19, 2013 to around April 19, 2013 (i.e., KRW 6,26,460 in total (= KRW 5,918,430 in total).

On the other hand, the Defendant was issued a summary order of KRW 700,000 due to the instant accident in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Seoul High Court Decision 2012 High Court High Court Decision 201Da2712), and requested formal trial, but was sentenced to a fine of KRW 700,000 on February 8, 2013 (the same court 2012 High Court Decision 985), and appealed.

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