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(영문) 서울중앙지방법원 2016.12.23 2014가단5231807

구상금

Text

1. The Defendants jointly do so to the Plaintiff KRW 82,284,240, and the amount among them

A. As regards KRW 68,00,600, August 23, 2014

Reasons

1. Facts of recognition;

A. On April 11, 2014, the Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with C with respect to D vehicles.

In the above insurance contract, the insured (or his/her family member) died or dies of an accident caused by an non-insurance motor vehicle (including a motor vehicle falling under the case of non-life compensation II or a mutual aid contract) and where there is a person liable to compensate for the damage resulting therefrom, the said insurance contract included a security agreement to pay the insurance money within the limit of KRW 200 million as stipulated in the terms and conditions (hereinafter “instant non-insurance accident security agreement”).

B. Around January 1, 2014, Defendant Kudong Port Co., Ltd. (hereinafter “Defendant Co., Ltd”) provided Eyststal vehicles registered in the name of the Defendant Co., Ltd. (hereinafter “instant vehicles”) in return for payment to Defendant A and used them.

Defendant A leased the instant vehicle to Defendant B on or around June 12, 2014, and used it.

C. At around 05:40 on June 14, 2014, Defendant B: (a) driven the instant vehicle and driven the instant vehicle, and driven the central separation zone boundary; (b) caused an accident of shocking street trees and telegraph poles installed in India, where the vehicle was on the wind to operate the steering gear rapidly, and the vehicle was on the wind to operate the steering gear, and where the vehicle was on the road and the delivery.

(hereinafter “instant accident”). Around June 17, 2014, F, who was on board the instant vehicle due to the instant accident, was killed on the part of the hospital due to an injury and received medical treatment at the hospital.

(hereinafter referred to as “F”) d.

In accordance with the instant non-insurance accident security agreement, the Plaintiff paid KRW 188,007,60 insurance money to the mother C of the deceased on June 30, 2014 (i.e., 187,539,960) (i.e., 187,539,960) to deduct the amount equivalent to the deceased’s negligence from the expected treatment expenses, among the expenses to be incurred under the name of compensation for losses, from the amount of 187,539,960). < Amended by Act No. 12548, Jul. 2