beta
(영문) 서울중앙지방법원 2016.12.15 2016나14453

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. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and entered into an accident insurance contract with C, and the Defendant B is as follows.

At the time of the accident described in the port, D-wheeled Vehicle (hereinafter referred to as "Defendant vehicle") is the driver, and the defendant A is the owner of the defendant vehicle.

B. On October 27, 2012, around 19:50 on October 27, 2012, the Defendant’s vehicle, which was the following behind the Plaintiff’s vehicle, was in motion to stop as a signal signal at the vicinity of the Myeonc-dong, Jung-gu, Seoul, the Myeonc-dong, Seoul.

(hereinafter “instant accident”) (hereinafter “instant accident”) is without dispute, entry of Gap’s evidence Nos. 1 through 6, the purport of the whole pleadings.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the accident in this case occurred, resulting in injury to the Plaintiff’s driver E and Nonparty F of the same passenger. The Plaintiff acquired the insurer’s right of subrogation under Article 682 of the Commercial Act by paying KRW 815,560 (the remainder after deducting KRW 3,134,120 returned from the Plaintiff’s damage insurance company at KRW 3,949,680, which was paid by the Plaintiff) with E’s medical expenses and agreed amount until September 14, 2015 (the remainder after deducting KRW 3,134,120 returned from the Plaintiff’s damage insurance company), F’s medical expenses at KRW 5,938,60 (the remainder after deducting KRW 5,320,350 returned from the Plaintiff’s damage insurance company at KRW 11,258,950, which was paid by the Plaintiff, from KRW 5,320,350, the remainder after deducting the insurance money paid by the Plaintiff from the Defendant’s driver and the Plaintiff (the Plaintiff).

B. Although evidence that the above victims suffered injury as alleged by the plaintiff is indicated in Gap evidence Nos. 5 and 6 (Medical Certificate), the above victims are stated in Gap evidence No. 4.