beta
(영문) 서울중앙지방법원 2016.12.12 2016나38190

구상금

Text

1. Of the judgment of the first instance court, KRW 38,530 against the Defendants and the Plaintiff regarding the amount of KRW 38,530 from November 14, 2014 to December 12, 2016.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract, including a non-insurance contract with respect to the vehicle C Coin (hereinafter “Plaintiff-related vehicle”) with C Coin (hereinafter “Plaintiff-related vehicle”).

Defendant K non-life insurance Co., Ltd. (hereinafter “Defendant K non-life insurance”) concluded a liability insurance contract on Defendant A and D vehicles (hereinafter “Defendant vehicle”).

B. Around September 20, 2014, Plaintiff B, the driver of the Plaintiff vehicle, was proceeding with the Friju Station E located in Yan-gu, Jeonsan-si.

At this time, the defendant A had an accident of conflict with the plaintiff A while driving the defendant vehicle directly from the left side of the moving direction of the plaintiff vehicle to the right side.

(hereinafter referred to as “instant accident”). C.

The degree of injury sustained by B due to the instant accident is Grade 14 of Article 3(1)2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (wholly amended by Presidential Decree No. 25149, Feb. 7, 2014) (Attached Table 1).

3. The maximum amount of liability insurance premium corresponding to the above injured water supply is KRW 800,00,000.

On November 13, 2014, the Plaintiff, as an insurer that entered into a comprehensive insurance contract with B on November 13, 2014, paid 888,530 won in total (38,530 won for the term payment and 850,000 won for the future treatment expenses) to B according to the contract with non-insurers, and filed for deliberation with the committee for deliberation on the dispute over indemnity for automobile insurance, but failed to mediate.

E. Meanwhile, on September 16, 2014, Defendant A paid KRW 1,000,000 to B, who is the driver of the Plaintiff’s vehicle, as the damages for the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 2, the purport of the whole pleadings

2. The main sentence of Article 10(1) of the Guarantee of Automobile Accident Compensation Act, which determines the cause of the claim, provides "the insured, etc. shall be liable for damage under Article 3."