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(영문) 서울중앙지방법원 2017.04.11 2016가단5150285

구상금

Text

1. The Defendants jointly share KRW 28,389,350 with respect to the Plaintiff and the period from May 22, 2015 to October 21, 2016.

Reasons

1. Basic facts

A. The Plaintiff is an insurer that entered into a comprehensive motor vehicle insurance contract with the insured as C and a registered insured E with the insurance coverage period from August 30, 2013 to August 30, 2014 with respect to vehicles C and D, and the Defendant A is the owner of a F Sota II motor vehicle (hereinafter referred to as “seaing vehicle”), and the Defendant B is the driver of a sea-going vehicle.

B. On January 22, 2014, at around 23:30, Defendant B driving a sea-going vehicle with only liability insurance, and driving a two-lane passage along the two-lane road in front of the Agricultural Cooperatives, which is located in the east-gu, Busan, Eastern Police Station, along one lane in the direction of the Water Security Center in the direction of the Water Security Center. Defendant B passed the crosswalk with the indication of “astronomical” and the stop line without a signal signal.

In such a case, despite the duty of care to build a road adjacent to the crosswalk or the crosswalk prior to the entry of the crosswalk, the driver of the vehicle, despite the fact that the driver of the vehicle has a duty of care to drive slowly and safely, B neglected to do so, caused the victim E (the 62-year age) who was the victim E (the 62-year age) who was standing on the right side of the road on the right side while neglecting it, due to the occupational negligence of his driving the road. The victim suffered from the victim's injury, such as a closed trauma, which requires the treatment for about eight weeks between the right side of the vehicle (hereinafter referred to as the "accident in this case").

C. The Plaintiff paid KRW 63,675,130 (hereinafter “the instant insurance proceeds”) totaling KRW 63,675,130 in accordance with the foregoing non-insurance coverage agreement, and received KRW 24,000,000 as the liability insurance amount for the instant accident from the Mez Fire Marine Insurance Co., Ltd., the liability insurance company of the her automobile, on May 30, 2014, and received duplicate insurance from the interesting country fire insurance company due to duplicate insurance under the non-insurance coverage.