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(영문) 청주지방법원 2016.11.22 2014나4959
손해배상(기) 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is the person who is a member of the network D (hereinafter “the network”), Defendant B was the head of the E-stock company (FF company after the change; hereinafter “E”), and Defendant C was the employee of the said business office.

B. On January 22, 2001, the Deceased concluded a comprehensive automobile insurance contract with respect to vehicles E and G (hereinafter “instant insurance contract”).

C. Around July 8, 2001, the Deceased died due to a traffic accident that conflicts with the central separation zone at the entrance of the Gaama-ri, Myeongwon-gun, Chungcheongnam-gu, Chungcheongnam-do (hereinafter “instant accident”).

E, around July 3, 2002, set off the amount of the self-damage insurance to be paid to the Deceased and the amount of KRW 500,000,00 from the other medical care costs to be paid to E, and the portion of the compensation due to drinking driving, from among the substitute insurance money to be paid by the Deceased, 500,000,000.

E. On May 18, 201, the Plaintiff examined the instant accident as falling under one’s own physical accident, and paid KRW 15,000,000 to H, the mother of the Deceased, with the death benefit of one’s own physical accident, according to the instant insurance contract.

[Based on recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 1, and 2, the result of the court of the trial's order to submit documents to the Korea Reconciliation Insurance Co., Ltd., the court of the trial for fact inquiry about the Korea Reconciliation Insurance Co., Ltd., the purport

2. The parties' assertion

A. As to the instant accident, the Defendants: (a) fabricated the documents without any delegation from the deceased’s heir; (b) agreed with the perpetrator; and (c) paid the amount agreed upon by such agreement to the perpetrator.

In addition, at the time of the death of the deceased, other insurance than the instant insurance contract was also subscribed to, but did not receive the insurance money due to the Defendants’ mistake.

Therefore, the Plaintiff’s tort is attributable to the Defendants’ above tort.

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