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(영문) 서울중앙지방법원 2019.10.24 2019나27498

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. The Plaintiff is a non-profit corporation established with a person holding a license for private taxi transport business in Seoul as its members, and is conducting business activities by setting up standing meetings to compensate for the damages caused by a vehicle accident in the course of the possession, use, and management of the standing member, or compensation for the damages in accordance with the provisions of the standing committee and the terms and conditions.

C is the owner of a Do private taxi (hereinafter referred to as "Plaintiff-vehicle") and is the member of the Plaintiff's association.

B. The Defendant is a mutual aid business entity that has entered into a mutual aid agreement on the E-si (hereinafter “Defendant vehicle”).

C. On October 4, 2018, the driver of the Defendant vehicle driven the Defendant vehicle at around 03:00, while driving the Defendant vehicle at around 03:0, in accordance with the new subparagraph, on the three-lanes of the five-lanes in the front line at the seat of the main line, from the e-mail distribution ICT in Gangnam-gu, Seoul. The driver contacted the left side of the Plaintiff vehicle entering the four-lanes to the third lane.

On November 2, 2018, the Plaintiff paid KRW 968,000 at the repair cost of the Plaintiff’s vehicle destroyed by the instant accident to a car maintenance business entity that repaired the Plaintiff’s vehicle.

E. On November 3, 2010, the driver of the Plaintiff’s vehicle shall be exempt from self-paid charges in accordance with Article 7(4) of the Terms and Conditions of the Emergency Medical Service, which was driven by an accident for at least six years from the date of the instant accident until October 4, 2018, which is the date of the instant accident.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 1 (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserts as follows and sought payment of KRW 968,00,000 paid to the Defendant C.

① The Plaintiff has a legitimate interest in compensating for the damages and losses of the Plaintiff, a member, in accordance with the commercial inquiry provisions and the terms and conditions, and is in a position to be relieved of the obligation as a repayment. As such, the Plaintiff received each letter of delegation from the member and subrogated the automobile repair cost to the industrial company.