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(영문) 서울중앙지방법원 2020.01.15 2019나49276

구상금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) containing a special agreement for warranty against non-life insurance with respect to D vehicles owned by the Plaintiff (hereinafter “Plaintiff”) with C, and E is the insured of the instant insurance contract as C’s family member.

The Defendant entered into only a liability insurance contract under the Guarantee of Automobile Accident Compensation Act with G Co., Ltd. (hereinafter referred to as “G”) on the F Co., Ltd. owned by the Defendant (hereinafter referred to as “Defendant”).

B. On June 5, 2018, the Defendant driven the Defendant’s vehicle on June 12:30, 2018, and neglected to perform the duty of front-time care in the H apartment complex in Gangdong-gu Seoul Metropolitan Government H apartment complex, leading to the shocking part of the part behind the Plaintiff’s vehicle, which was parked (hereinafter “instant accident”), and due to that, E and I suffered injury.

C. On June 11, 2018, “E” in the Jando National Assembly members, issued, respectively, a medical certificate of injury requiring approximately two weeks’ medical treatment in the area of cryp salt base, and I received medical treatment in the area of cryp salt base and the area of dypical salt base, respectively.

The Plaintiff paid KRW 3,918,210 to the victims of the instant accident by August 2, 2018 in accordance with the Special Agreement on the Indemnification for Non-Insurance Injury, and received KRW 2,400,000 from G.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred due to the Defendant’s negligence, which neglected the duty of the preceding week, and thus, the Plaintiff sought payment of KRW 1,518,210 after deducting KRW 2,40,000, which was returned to the liability insurance money out of KRW 3,918,210,000, which was paid by the Plaintiff pursuant to the special agreement on the security for an insured motor vehicle injury to E and I.

3. Determination

A. According to the above facts, the instant accident occurred due to negligence that the Defendant neglected to perform his duty of care in the front bank.