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(영문) 서울중앙지방법원 2019.07.17 2018가단5131073

구상금

Text

1. The Defendants jointly do so to the Plaintiff KRW 81,069,330, and as to the Plaintiff:

A. Defendant B from May 25, 2018 to August 3, 2018

Reasons

Basic Facts

The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with E with respect to F vehicles (hereinafter “instant insurance contract”). The Plaintiff entered into the said insurance contract with E, in addition to a special clause stipulating “injury by Uninsured Motor Vehicle” that is to compensate for the death or injury of E, if the E’s family members were to die or sustain by a non-insured motor vehicle.

Defendant C is the owner of G Oralba (hereinafter referred to as “instant Oralba”) whose liability insurance was only subscribed.

Defendant D’s federation (hereinafter “Defendant D’s federation”) is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to H taxi (hereinafter “instant taxi”).

The occurrence of the instant accident was carried out by Defendant B, who was driving the instant taxi on July 22, 2016 and was left left in violation of the signal signal at the opposite line of the front-gu 82, Seowon-gu, Seowon-gu, Cheongju under the new subparagraph (hereinafter “instant intersection”), while driving the instant taxi and driving the instant taxi on July 22, 2016.

(hereinafter referred to as “the instant accident.” The J, the party to the instant accident, sustained approximately 15 weeks of medical treatment due to the instant accident.

The Plaintiff, including the payment of insurance proceeds, paid KRW 123,069,330,00 of the insurance proceeds to the J, an infant of E, by May 24, 2018, according to a non-insurance contract of the instant insurance contract.

The Plaintiff received the indemnity amount of KRW 42 million in total, including KRW 15 million on January 17, 2017, and KRW 27 million on May 30, 2018, from K Co., Ltd., which is the liability insurance company of the instant case, and KRW 42 million on May 30, 2018.

[Reasons for Recognition] Facts without dispute, each entry of Gap evidence 1 through 4 (including each number, if any) and the whole purport of the pleading, are as shown in the annexed reasons for the claim against defendant B and C.

Articles 208(3)2 and 150 of the Civil Procedure Act are Articles 208(3)2 and 150 of the applicable provisions of law.