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(영문) 서울중앙지방법원 2017.07.06 2015가단5361330
손해배상(자)
Text

1. The Defendant KS insurance Co., Ltd.: KRW 66,234,207 and its related amount from April 3, 2015 to July 6, 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 21:56 on April 3, 2015, driven Datoba (hereinafter “Defendant Oba”) and driven Dato 184-ro 4 at the intersection of B, Jung-gu, Seoul, and led to the collision between B and B, which led to the collision between B and B, and the 5-ro 3 Do to the one-lane between B and B, which led to the collision between the two-lanes, and the Plaintiff’s Obaba of the Plaintiff’s driver, who was driven on the one-lane on the opposite road, was found to be the Defendant Oba.

(2) At the time of the instant accident, the Plaintiff was in the state of being 0.05% or more of blood alcohol content or less than 0.1%, and suffered injuries, such as cerebrambry, knee, knee, and hume, etc., due to the instant accident.

(3) Defendant Samsung Reconciliation & Marine Co., Ltd. (hereinafter “Defendant Samsung Fire”) concluded an automobile comprehensive insurance contract included in a non-insurance accident security agreement with the Plaintiff’s children, which provides that the Plaintiff’s spouse, children, etc. shall compensate for any loss incurred by the death or injury caused by an accident caused by an non-insurance vehicle (hereinafter “instant terms and conditions”) within the limit of KRW 200 million per capita, as stipulated in the terms and conditions of the contract.

The main contents of the instant terms and conditions are as shown in the attached Form (1).

(4) The Defendant K non-life insurance Co., Ltd. (hereinafter “Defendant K non-life insurance”) is an insurer who has concluded a liability insurance contract with respect to Defendant OEba (I).

[Ground of recognition] Facts without dispute, Gap 1 through 9 evidence, each entry of Eul 3 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the fact that the above recognition of liability is established, Defendant Samsung Fire is liable to pay the Plaintiff the insurance money under the special agreement on the non-insurance injury security, and Defendant Samsung Fire is liable to pay the damages under the liability insurance as the insurer of Defendant Oral Ba.

C. The Plaintiff’s negligence is also the Plaintiff.

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