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(영문) 청주지방법원 2015.08.12 2014가단159650

구상금

Text

1. The Defendant’s KRW 90,256,670 as well as 5% per annum from May 27, 2014 to August 14, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company that is entrusted with the authority for the business of guaranteeing motor vehicle accident compensation pursuant to Article 45(1) of the Guarantee of Automobile Accident Compensation Act. The Plaintiff is an insurance company that has concluded a comprehensive motor vehicle insurance contract with B and C motor vehicles owned by B (hereinafter “insured motor vehicles”).

B. On March 29, 2013, at around 22:00, the Defendant: (a) driven an insured vehicle located on the street near the restaurant located in the Cheongju-si, Cheongju-si, by driving a vehicle while under the influence of alcohol while driving the vehicle in the state of alcohol by leaving the ki of the vehicle in the state of alcohol without permission; and (b) caused an accident of shocking the F vehicle driven by E (hereinafter “instant accident”).

C. In the instant accident, B suffered injuries, such as the pellley, Anthal, Ethal, Ethal, Ethal, Ethal, Ethal, E., E, E, E, E, E, E, E, E, E, E, E, E, E, and E, was destroyed.

The Plaintiff paid 38,800,000 won as compensation for the government-guaranteed business within the scope of liability insurance, and 35,410,870 won as compensation for excess damages with non-insurance coverage, and paid 9,761,800 won as compensation for automobile repair expenses, and 6,284,000 won as compensation for vehicle repair expenses under the comprehensive automobile insurance contract, and paid 90,256,670 won in total until May 26, 2014.

E. Meanwhile, the Plaintiff filed a lawsuit against the Defendant to confirm that the insured vehicle of this case was lost in the owner B’s control of operation and operational profit by the Defendant without permission under the Cheongju District Court Decision 2013Kadan9284, and the Plaintiff, the insurer of B, filed a lawsuit against the Defendant to seek confirmation that the Defendant did not exist as a debtor for damages caused by the instant accident, and the judgment became final and conclusive as it is.

A dispute over the basis for recognition.