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(영문) 서울중앙지방법원 2017.01.13 2016나12884

구상금

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an individual motor vehicle insurance contract that includes a special agreement for limited driving for at least 26 years of age with respect to B vehicles (hereinafter “Plaintiff vehicles”) with the Daerenk Co., Ltd., and the Defendant is a person who drives the Plaintiff vehicle at the time of the following accident.

B. On June 17, 2015, the Defendant, at around 16:00 on June 17, 2015, leased the Plaintiff’s vehicle from the Grand C Co., Ltd., which was the seat of the representative director in charge of the management of the EP assets, did not reach the age of 26 years at that time, was shocked by C (hereinafter “victim”) while driving the Plaintiff vehicle on the rear side of the Gangnam-gu Seoul East Eastdong Station, Gangnam-gu, Seoul, while driving the Plaintiff vehicle on the rear side.

(hereinafter referred to as "the accident of this case". (c)

By July 16, 2015, the Plaintiff paid insurance proceeds of KRW 711,470,00 for D’s medical expenses and agreed amount, which is the driver of the damaged vehicle, and the Defendant directly paid KRW 396,328 for the repair cost of the damaged vehicle due to the said accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 2, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the party's assertion argues that the plaintiff is liable to pay the full amount of the insurance money paid by the plaintiff to the plaintiff and damages for delay, since the accident occurred entirely due to the defendant's negligence while the defendant, who does not fall under the insured, driving the plaintiff's vehicle.

In this regard, the defendant asserts that since the shock level of the vehicle at the time of the accident is very insignificant, there is no causation between the injury of the driver of the damaged vehicle and the accident in this case, it cannot respond to the plaintiff's claim for reimbursement.

B. In full view of the evidence mentioned above and evidence submitted in the judgment, copies of the medical records and the purport of the entire pleadings against E Ministry of Foreign Affairs submitted in the trial, D shall be subject to the instant case.