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(영문) 대전고등법원(청주) 2019.12.03 2019나1061

배당이의

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance is as follows. The defendant's assertion emphasized by this court is identical to the statement in the reasoning of the judgment of the court of first instance, except for the judgment under paragraph (2) as to the assertion that the defendant emphasizes in this court. Thus, it is acceptable to accept it as is

The Court of Justice of 3rd 7, 17 and 4th 1st 1st 1st 1st 1st 1st 1st 1st 1st 202

3 Myeon 11 "2010Kahap234" shall be deemed to be "Cheongju District Court 2010Kahap234".

The 4th parallel " March 3, 2018" shall be changed to " March 8, 2018".

"A fact that there has been no dispute" at the bottom of 4 pages shall be deemed to be "a fact that there has been no dispute or that there has been a significant fact in this court".

In the 7th page 1-2, "when integrating the above evidence" means "for the following reasons".

2. Judgment on the defendant's assertion

A. The Defendant’s argument-free motor vehicle is a social function that guarantees the “minimum amount of damages”, and is premised on the recovery of insurance proceeds, and is limited to the amount calculated according to the payment standards for insurance proceeds stipulated in the ordinary terms and conditions, rather than taking over risks based on the actual amount of damages.

Therefore, if the full amount is paid according to the payment criteria, it should be considered that the insurer can exercise the right of subrogation without limitation because the insurer's rights are not undermined as a whole insurance.

B. In the event that there is a person liable to compensate for the loss caused by an accident caused by an accident caused by an non-insurance motor vehicle, the insurer is an non-insurance type accident insurance with the nature as an accident insurance as well as the nature as an accident insurance, and only if there is an agreement between the parties on subrogation of the insurer pursuant to the proviso of Article 729 of the Commercial Act.