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(영문) 서울중앙지방법원 2020.07.02 2019나57833

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an insurance contract for a personal motor vehicle including a special agreement on indemnity for an insured motor vehicle in the event that the insured and his/her family members suffered an injury by an insured motor vehicle with respect to D motor vehicle, which is the F’s fraud, on behalf of the person liable for damage.

B. On May 5, 2016, at around 19:32, the Defendant driven an E-wheeled vehicle (hereinafter “Defendant vehicle”) and step back the two-lane road facing the 104-lane old-ro, Seocheon-gu, Seocheon-gu, Gyeongcheon-gu, the Gyeong-gu, the Gyeong-gu, the Gyeong-gu, the Gyeong-gu, the Gyeong-gu, the 104-distance away from the gate of the gate. While the gate signal was a place where the crosswalk was installed and the front signal was yellow, the Defendant did not find out the “F, which turned down the way to the right on the left side of the crosswalk and turned it over to the front part of the Defendant vehicle.

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

F was injured by the instant accident, such as blood transfusions, thale, thale, etc., due to the instant accident.

On July 7, 2017, the Plaintiff paid KRW 47,852,160 of the non-insurance premium to F, and returned KRW 13,000,000 from G Co., Ltd., the Defendant’s liability insurance company, on April 3, 2017.

On the other hand, the Plaintiff agreed to obtain the right of the insured against third party in the event of paying the insurance money to the insured, etc. with the special agreement on the warranty for non-insurance.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 to 10, 12 (including each number), and purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the occurrence and scope of the right of indemnity (1) as to the Defendant’s operation of the Defendant’s vehicle, and thus, the Defendant is liable to compensate for the damage suffered by F due to the instant accident, and the Plaintiff was relieved of the Defendant within the scope by paying KRW 47,852,160 to F with the non-life insurance premium, and thus, the Plaintiff’s damage liability against F for the Defendant by subrogation of the insurer.