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(영문) 서울중앙지방법원 2017.06.13 2016나44041
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. On August 22, 2011, at around 18:20, the Defendant: (a) driven the intersection of 125cc Obaco (hereinafter “Defendant vehicle”); (b) and (c) driven the intersection of the south of Cheonggugudong-dong, Gangnam-gu, Seoul at the intersection of Youngdong-dong, Seoul, along the sex investigative distance of four-lanes, the Defendant neglected the duty of Jeonju City in the front direction while driving along the same lane; and (c) led the Plaintiff’s driver’s vehicle, who was driving along the front wheels of the Defendant vehicle, to the front wheels of the Defendant vehicle.

(hereinafter “instant accident.” The Plaintiff suffered injuries, such as fluoral salt, as it goes beyond the Republic of Korea together with Madalba, due to the instant accident.

B. On the other hand, on June 1, 201, the Plaintiff concluded an automobile insurance contract with the designated driver as the defendant with respect to the dong Fire & Marine Insurance Co., Ltd. (hereinafter “Dong Fire”) and E’s Flac trucks in the name of E.

C. At the time of the instant accident, the Defendant vehicle only subscribed to liability insurance with Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Modern Sea”), and the Plaintiff claimed for payment of the insurance proceeds from injury caused by the same fire.

In the name of the Plaintiff’s treatment expenses, Dongbu Fire paid KRW 4,739,840 in total from September 28, 201 to March 16, 2012, and returned KRW 2,400,000 from the Hyundai Sea, the liability insurance company of Defendant vehicle, on October 31, 2012.

As Seoul Central District Court Decision 2012Kadan16153, the Plaintiff, the insured under the insurance contract of this case, can claim insurance for injury caused by a non-insured automobile only when the Plaintiff is on board a “insured automobile.” Since the Plaintiff was on board an accident, not an insured automobile, the Plaintiff was involved in the accident of this case, it filed a lawsuit to confirm the existence of the liability with the purport that the said fire does not have an obligation to pay insurance money to the Plaintiff, and the said court shall have accepted the entire claim for the said fire.

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