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(영문) 창원지방법원 2016.12.08 2016나2585

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

The main point of the parties’ assertion is that the Defendant, without the Plaintiff’s consent, seeks to pay the total of KRW 10 million,00,000,000, which was incurred during the operation period, on the grounds that the Defendant occupied and operated the C Kan vehicle (hereinafter “instant vehicle”).

In this regard, the defendant asserts that he only lent the name of the policyholder upon the request of the policyholder for the delivery of insurance in purchasing heavy vehicles from the successor to society D, and that he did not operate the instant vehicle.

However, in full view of the records submitted by the Defendant in the trial as to whether the Defendant occupied and operated the instant vehicle, the fact-finding results of the first instance court’s fact-finding, and the overall purport of the pleadings, the Plaintiff, on May 7, 2002, acquired the ownership of the instant vehicle and provided the instant vehicle to the bond company as collateral on or around April 2003 while occupying and operating the instant vehicle, but lost the possession of the instant vehicle due to the interruption of contact with the bond company around May 2003, and the fact-finding of the instant vehicle was concluded as follows.

[ table] According to the insurance contract of this case from April 1, 2005 to August 6, 2005, 24: 24:00 of Mez Fire Marine Co., Ltd. 2, from August 6, 2005 to August 6, 2006, 3: Mez Fire Marine Co., Ltd. 3, from August 6, 2006 to August 6, 2006, from August 24:00 to August 6, 2007, 4: Mez Fire Marine Co., Ltd., Ltd. 4: from August 6, 2007 to November 6: 24:00, 2007 to the renewal of the insurance contract of this case from the above vehicle under the name of Samsung 1:6:00 Mz Marine Co.,,, Ltd. 5: from November 6, 2007 to November 6, 2007 to November 6, 2008.