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(영문) 서울중앙지방법원 2016.11.07 2016나46573

구상금

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with C with respect to D vehicles (hereinafter “Plaintiff vehicle”).

Defendant A and Defendant B are drivers and owners of vehicles E (hereinafter referred to as “Defendant vehicle”), respectively.

B. On June 13, 2014, at around 18:04, Defendant A, proceeding to the right from the front distance of the elementary school located in Guro-gu High-dong, to the left-hand side, and there was an accident of collision with the middle part of the Plaintiff’s vehicle in front of the left-hand side of the Defendant’s vehicle, which was proceeding in accordance with the straight-on signal.

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

At the time of the instant accident, the Defendant’s vehicle was subscribed only to the liability insurance of the Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “former Marine Fire Insurance”).

The Plaintiff, as an insurer that entered into a comprehensive insurance contract with C, paid the following insurance proceeds to the Plaintiff’s driver F (C’s children) and his/her passengers by September 22, 2014:

(1) KRW 338,040,373,360, and KRW 379,010,000, which are the material damages of the Plaintiff’s vehicle, she KRW 950,60,050, sheshe received she’s medical expenses she was her driver KRW 3,802,050, G 3,853,440, and she was her winner H, I, and J respectively.

E. The Hyundai Marine Fire Insurance, the insurer of the Defendant vehicle, paid KRW 2,345,220,00 to the Plaintiff as insurance money, the amount of KRW 2,380,000 within the limit of liability insurance at the cost of repairing the Plaintiff’s vehicle due to the instant accident.

F. On the other hand, on September 12, 2014, Defendant A drafted a written agreement stating that “The two parties agreed to no longer bring about civil or criminal charges on this case,” with payment of the remainder of the agreed amount on the part not covered by liability insurance to F.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 12, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The summary of the Defendants’ assertion is that Defendant A and F constitute a criminal offense against the instant accident on September 12, 2014.