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1. The Defendant’s KRW 41,652,854 for the Plaintiff and KRW 3.99% per annum from July 18, 2018 to August 17, 2018.
Reasons
1. Facts of recognition;
A. On July 4, 2017, the Plaintiff’s husband C entered into an automobile insurance contract (hereinafter “instant insurance contract”) with the Defendant and D Cargo Vehicles (hereinafter “Plaintiff”) with respect to the insurance period from July 4, 2017 to June 11, 2018, the Plaintiff’s husband entered into an automobile insurance contract (hereinafter “instant insurance contract”) using the collateral as “personal compensation I, II, property compensation, automobile injury, unpaid injury on automobiles, and self-vehicle damage”). The amount of the compensation limit for automobile injury under the instant insurance contract is KRW 10 million per victim’s death/ disability, and KRW 50 million at the time of injury.
B. On December 6, 2017, around 08:30 on December 6, 2017, the Plaintiff: (a) driven the Plaintiff’s vehicle near the F station located in the former Northern Zone E, and caused an accident of suddenly driving the Plaintiff’s vehicle in order to avoid the altitude whether he/she is in his/her own road or not; (b) turning the Plaintiff’s vehicle onto the left side of the direction of the proceeding; and (c) falling
(hereinafter “instant accident”). As a result, the Plaintiff suffered injury, such as the pressure pressure table for 5, 10, 11 chest pressure and pressure table for 1, 2, and 3 degrees.
C. Of the insurance terms and conditions of the instant insurance contract (hereinafter “instant insurance terms and conditions”), the parts relating to the instant insurance terms and conditions are as follows.
Article 26 (Procedure of Request and Considerations) (1) Upon receipt of documents concerning claims for insurance proceeds, an insurance company shall determine the insured amount to be paid without delay and pay it within seven days from the fixed date.
(2) Where an insurance company delays to determine the amount of insurance proceeds without justifiable grounds, fails to pay insurance proceeds within the due date set under paragraph (1), or where there is insurance proceeds payable, it shall pay the amount calculated by adding the amount calculated as annual welfare to the amount of insurance proceeds according to the "rate of accumulation at the time of paying the insurance proceeds" to the due date from the following day.
However, if the payment of the insured is delayed due to any cause attributable to the insured, this shall not be added to the interest for the relevant period.
Insurance money shall be paid in accordance with the table.