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(영문) 대전지방법원 2017.06.30 2016가단25543

구상금

Text

1. The Defendants: (a) KRW 41,093,700 for each Plaintiff and KRW 5% per annum from June 6, 2008 to September 28, 2016.

Reasons

1. Claim against the defendant A;

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against the defendant B

A. Facts of recognition 1) Defendant A’s vehicle C which was not covered by liability insurance on October 14, 2007 (hereinafter “instant vehicle”) around 09:35,007

2) Around the 101-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

(2) Defendant B was registered as the owner of the instant vehicle in the register of automobile at the time of the instant accident.

3) The Plaintiff is the Government’s previous Guarantee of Automobile Accident Compensation Act (wholly amended by Act No. 9065, Mar. 28, 2008; hereinafter “former Act”).

A) An insurer entrusted with the guarantee of motor vehicle accident compensation business by the government pursuant to Article 26(1)2 of the former Act, and paid D totaling KRW 41,093,700,000 from March 14, 2008 to June 5, 2008, based on Article 26(1)2 of the former Act, to the extent of the insurance coverage of liability insurance. [The fact that there is no dispute over the grounds for recognition, the entries in subparagraphs A and 2, and the purport of the entire pleadings.]

B. According to the above facts of determination as to the cause of the claim, Defendant B, the owner of the instant vehicle, is liable to compensate for damages incurred by D due to the instant accident as an operator under Article 3 of the former Self-Governing Act, barring any special circumstance, and the Plaintiff subrogatedly acquired D’s right to Defendant B by paying compensation for the motor vehicle accident compensation business to D. Thus, Defendant B, the illegal act causing the instant accident, as the Defendant A and each of the Plaintiff, as the Plaintiff sought, shall be the final copy of the complaint of this case from June 6, 2008, as the Plaintiff sought.