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(영문) 광주지방법원 2016.11.30 2016가단520121

구상금

Text

1. The Defendants jointly share KRW 47,354,340 to the Plaintiff and KRW 5% per annum from September 1, 2016 to September 20, 2016.

Reasons

1. Facts of premise;

A. On February 12, 2016, Defendant B driven a C vehicle (hereinafter “AV”) around 05:40 on February 12, 2016, in violation of the signal at the E Hospital Private Distance Intersection in Mapopopoposi D, Defendant B received from Gwangju Bank G vehicle having directly left the said intersection from the Mapoposa Agricultural Cooperative to the Haposcam Bank, and suffered from an injury, such as cerebral cerebral cerebral blood, etc., to F.

(hereinafter “instant accident”). B.

The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) including a special agreement on indemnity against non-life insurance for damaged vehicles (200 million won per person), and the Defendant A entered into a comprehensive automobile insurance contract with the Samsung Fire Marine Insurance Co., Ltd. and the Defendant A under the special agreement on age limit at least 48 years of age with respect to the damaged vehicles.

C. Samsung Fire and Marine Insurance Co., Ltd., on the ground that the instant accident was caused by Defendant B, not the insured, was dealt with only as security for personal compensation I. D.

F up to August 31, 2016, F spent KRW 57,354,340 for the medical expenses for injury incurred by the instant accident. Under the instant insurance contract, the Plaintiff paid KRW 57,354,340 for the total sum of the insurance money for the medical expenses, and paid KRW 10,000 for the liability insurance money from Samsung Fire Marine Insurance Co., Ltd.

[Ground for Recognition] Unsatisfy, Gap evidence 1 to 5

2. Judgment on the plaintiff's claim

A. In the event that there is a person liable to compensate for the loss caused by an accident caused by an non-insurance motor vehicle, the non-insurance special agreement stipulating that the insurer compensates the insured for the loss in accordance with the terms and conditions is a non-life insurance, which has the nature as well as the nature as an accident insurance, as an accident insurance.