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1. Revocation of the first instance judgment.
2. All claims filed by the plaintiff (appointed party) and the appointed party are dismissed.
3. Action.
Reasons
Basic Facts
The reasons to be stated in this part refer to the entry of the judgment of the first instance in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Judgment
According to the above facts of determination as to the cause of the claim, since the Deceased died of the accident of this case based on the negligence of the Defendant’s vehicle, the Defendant, the insurer of the Defendant vehicle, is liable to compensate the Plaintiff and the designated parties, who are the deceased’s children, to the extent of the insured amount pursuant to Article 724(2) of the Commercial Act, unless there are
The Defendant asserts that the judgment parties on the Defendant’s defense of extinctive prescription had expired the three-year short-term extinctive prescription period, since the Plaintiff and the designated parties filed the instant lawsuit on April 13, 2013, which was at least three years from April 13, 2013, which was the date of the instant accident, on July 8, 2016.
As to this, the Plaintiff did not know that the Defendant’s vehicle was insured at the time of the instant accident, and knew that the Defendant was liable only after being served on February 16, 2015, the authentic copy of the Seoul Central District Court Decision 2014Da5232 Decided February 16, 2015, which recognized the Defendant’s liability, was proved to run extinctive prescription from February 16, 2015.
In liability insurance, Article 724(2) of the Commercial Act provides that a third party, the injured party, may directly claim the insurer for compensation for damages caused by an accident attributable to the insured in liability insurance. In accordance with Article 724(2) of the Commercial Act, the injured party's right to directly claim compensation against the insured under Article 724(2) of the Commercial Act is the insurer who concurrently takes over the liability of the insured for compensation against the insurer, and the injured party has the right to claim compensation against the insurer. Therefore, the injured party or his legal representative fails to exercise it for three years from the day when he