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(영문) 광주지방법원 2021.02.17 2019가단507099

구상금

Text

1. Defendant B’s KRW 180,000,000 as well as 5% per annum from February 20, 2019 to March 27, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On May 27, 2018, D Co., Ltd. (hereinafter “D”) leased FK5 vehicles (hereinafter “instant vehicles”) with the term of the contract fixed to E by 09:00 on May 29, 2018.

The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with D as to the instant vehicle.

B. On May 29, 2018, Defendant B, a substitute driver, driven the instant vehicle on behalf of the Defendant on behalf of the Plaintiff, and was driving along two lanes near the Gwangju Mine-gu roads from the black seat shooting distance to the H hospital located in the vicinity of the H hospital, and, in order to get a taxi on the right side of the road, Defendant B shocked into the front part of the vehicle’s right side (hereinafter “the instant accident”), and I died due to the instant accident and was receiving medical treatment.

(c)

J Co., Ltd. (hereinafter referred to as the “J”) paid damages of KRW 204,978,930,000,000,000,000,000 for the first degree of liability insurance amount of injury under the Enforcement Decree of the Guarantee of Automobile Damage Compensation Act to the Plaintiff as the liability insurer of the instant vehicle, which was calculated by evaluating the deceased’s fault as 30% by the deceased’s bereaved family members under a comprehensive insurance contract concluded with the Defendant C (representative driver) and claiming compensation for damages of KRW 180,00,000,000,000,000,000,000,000,000,000,000,000 won of the amount of compensation for death under the comprehensive insurance contract concluded with the Defendant C. The Plaintiff paid to the J on February 19, 2019.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 7 (including various numbers), the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The plaintiff's assertion 1) The accident of this case occurred due to the negligence of the defendant who was driving the vehicle of this case, and the defendant is liable to compensate for the damage suffered by the deceased due to an accident of this case as an illegal actor, and the plaintiff pays the insurance money to the J who subrogated to the deceased's bereaved family.

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