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(영문) 서울중앙지방법원 2018.05.10 2016가단20266

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 13, 2013, the Defendant, at around 04:40% of the blood alcohol concentration, driven a DNA 0.159% of the 0.159% of the 0.159% of the blood alcohol concentration (hereinafter “the instant 0.1”) and was driving two lanes of the 2nd line road of the 2nd line in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, the 2nd line of the 2nd line of the 2nd line of the 2nd line of the 2nd line of the 2nd line of the 0.2nd line of the 2nd line of the 10th line of the 2nd line of the 10th line of the 2nd line of the 10th line of the 2nd line of the 2nd line

(hereinafter “instant accident”). B.

At the time of the instant accident, the Plaintiff was only liable for liability insurance.

C. Meanwhile, in addition to the instant offland, C owned a G car (hereinafter “instant car”). At the time of the instant accident, the said car was covered by the Plaintiff’s comprehensive automobile insurance, but the said insurance included a non-insurance policy that covers F, a lineal descendant, as the insured.

With respect to the compensation for the damage suffered by F, the Plaintiff did not fall under the “other person” who is liable under the Guarantee of Automobile Accident Compensation Act as the Plaintiff retained the operation control and operating profit of the Oral Ba in the instant accident, and did not constitute the “other person” who is liable under the Guarantee of Automobile Accident Compensation Act. Accordingly, the Plaintiff paid F the amount of KRW 75,476,030 to F as agreed money and medical expenses according to the special agreement on the indemnity for the damage to the automobile in respect of the automobile in question.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12 (including additional numbers), Eul evidence 1 and 2 (including additional numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is the cause of the instant claim. The Plaintiff, as seen above, KRW 75,476,030, insurance money to F in accordance with the special agreement on the security for injury to an automobile with respect to the amount of the instant car.