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(영문) 서울중앙지방법원 2019.11.27 2017가단5154536

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 85,077,037 and KRW 993,180, as from June 21, 2017, and KRW 25,634.

Reasons

Basic Facts

The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with D as to the E vehicle (hereinafter “instant insurance contract”). A family member of D entered into the instant insurance contract with D, adding a special clause stipulating “injury by Non-Insurance Motor Vehicle” to compensate for the death or injury of D’s non-insured motor vehicle on behalf of the obligor for damage.

Defendant B (hereinafter “Defendant B”) is the owner of F taxi (hereinafter “Defendant vehicle”).

The defendant C Federation (hereinafter referred to as the "Defendant C Federation") is a mutual aid business operator who has entered into a motor vehicle mutual aid agreement with respect to the defendant vehicle.

On February 13, 2017, G in the event of an accident took place only an I vehicle covered by liability insurance (hereinafter “instant accident vehicle”) on the near H road in Ulsan-dong-gu, Ulsan-gu, Ulsan-gu, with a speed of about 100 km at about a speed of 100 km, the vehicle was driven along with the curbstones, street lamps, street lamps, street trees, and electric poles on the right side of the two-lane road.

그 과정에서 이 사건 사고 차량이 전복되었고, 이 사건 차량의 조수석에 타고 있던 J은 위 도로 1차로로 튕겨져 나갔다.

Since then, the defendant's vehicle did not find the J which was used on the one-lane road and did not reverse it.

(hereinafter referred to as “instant accident”. On the spot, J suffered injury, such as the blood cerebral cerebral alle, No. 2, which requires treatment of about 14 weeks due to the instant accident.

The Plaintiff, including the payment of insurance proceeds, paid the insurance proceeds of KRW 92,025,10 to the J as of July 26, 2017, pursuant to a special contract for injury by an non-insurance motor vehicle under the instant insurance contract (i.e., KRW 21,460,370 on April 18, 2017) (i.e., KRW 8,539,630 on May 30, 2017, KRW 93,180 on June 20, 2017; KRW 25,634,810 on June 22, 2017; KRW 33,558,930 on July 21, 2017; KRW 1,838,180 on July 26, 2017; and KRW 10,000 on September 1, 2015; and

The Plaintiff is a liability insurer for the instant accident vehicle.