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(영문) 서울중앙지방법원 2016.10.13 2016가단5025846

구상금

Text

1. Defendant A’s KRW 156,508,650 as well as 5% per annum from July 13, 2013 to April 14, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On March 25, 2013, Defendant A driven a non-registered two-wheeled vehicle (hereinafter “the instant off-to-land”) on the 08:07th day of March 25, 2013, and carried out in violation of the signal from the public ginseng distance of the official map of the city-to-land, the city-to-land, the city-to-land, the city-to-land, on which the Defendant A was driving, on the side of the D vehicle that C driven (hereinafter “Plaintiff-to-land”), and accordingly, died of E who was on board the Plaintiff-to-land.

(hereinafter “instant traffic accident”).

B. The Plaintiff is an insurer who entered into an automobile insurance contract with C with respect to the Plaintiff’s vehicle, and the Plaintiff did not subscribe to the automobile insurance of this case.

C. Until July 2, 2013, the Plaintiff paid KRW 120,000,000 to E’s bereaved family members as compensation for government-guaranteed business under Article 30 of the Guarantee of Automobile Accident Compensation Act, and KRW 36,508,650 as the insurance amount under a special contract for injury security by an accident without an insurance policy.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, fact-finding on the Asan Police Station, the purport of the whole pleadings

2. According to the facts of the above recognition against Defendant A, the instant accident occurred due to negligence in violation of the signal sent by Defendant A, a driver of Oralba, and the Plaintiff as a trustee of the Guarantee Business of Automobile Accident Compensation and the insurer of the Non-Insurance Accident Insurance, who was the insurer of the instant accident, compensates for the damages incurred by E due to the instant traffic accident, and the Defendant A is obliged to pay the indemnity amount and the damages for delay to the Plaintiff who exercised the damage claim within the scope of the insurance

3. Claim against the defendant B

A. The Plaintiff asserted by the parties, although Defendant B sold the instant Oba, Defendant B did not pay the purchase price at the time of the occurrence of the instant traffic accident, and Defendant B was in accordance with the Guarantee of Automobile Accident Compensation Act.