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(영문) 서울중앙지방법원 2015.01.15 2014나22566

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 20, 2010, at around 09:20, Defendant A driven a D vehicle owned by Defendant B and C (the vehicle of the attached accident site map 2; hereinafter “Defendant A”) and left the place of the gold school located in the two sides of the two sides at the two sides of the road, the site of the accident site concerned caused the collision between the two sides of the E driver’s two-wheeled vehicle (the vehicle of the attached accident site map 1; hereinafter “the accident of this case”), which entered the road by leaving the front side of the left side of the vehicle of the Defendant B and C (the vehicle of the attached accident site map 2) as the front side of the right side of the Defendant vehicle (hereinafter “the accident of this case”).

B. E’s wife G, which was on the back of the instant OE due to the instant accident, suffered injury, such as external brain ties, which require six weeks’ medical treatment, but is the Defendant’s vehicle and the instant OE, without any insurance policy.

C. Meanwhile, as non-insurance accident insurance purchased by the victim's lineal descendants and their relatives, E and G, where the insured and their lineal ascendants, etc. suffered injury from the non-party Dongbu Fire Insurance Co., Ltd. (hereinafter "Dongbu Fire") with respect to I vehicle, there exists an automobile insurance contract including a non-insurance policy that compensates the insured and their lineal ascendants, etc. for the injury within a certain scope, and the child J formed an automobile insurance contract that includes a non-insurance policy that includes a non-insurance policy that covers the same meaning as to KK vehicle owned by the plaintiff company and its relatives. The Dongbu Fire paid KRW 48,051,540 to G as insurance money pursuant to the above non-insurance policy, and the plaintiff also paid KRW 4,07,362 won, excluding liability insurance money, as the remainder of the amount corresponding to the share ratio of the plaintiff's non-insurance policy.