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(영문) 서울중앙지방법원 2014.05.22 2013가합531380

구상금

Text

1. Defendant A’s KRW 206,328,825 as well as 5% per annum from September 6, 2013 to May 22, 2014.

Reasons

1. Basic facts

A. On May 15, 2012, Defendant A driven B vehicles with blood alcohol content of 0.12% (hereinafter “accidented vehicles”) at around 06:30 on May 15, 2012, Defendant A collisioned two street lamps, street trees, and two vehicles on the right side of the road in front of the vehicle located in Mapo-gu Seoul Special Metropolitan City (hereinafter “accidented vehicles”), and due to this shock, Defendant A suffered injury, such as YA, E, who was on board the top of the accident vehicle.

(hereinafter “instant accident”). (b)

On December 15, 2011, Defendant A, the mother of Defendant A, requested G to purchase a motor vehicle in his/her name, and G transferred the accident vehicle to F in his/her name on December 15, 201.

On December 28, 2011, F entered into a comprehensive automobile insurance contract (hereinafter “instant comprehensive insurance contract”) with Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with respect to the vehicle involved in the accident between the insured and the cover period from December 28, 2011 to December 28, 2012 through an insurance solicitor H, and the registered titleholder of the vehicle involved in the accident is the Grand commercial.

C. The Plaintiff’s insurance money payment 1) The Guarantee of Automobile Accident Compensation Act (hereinafter “Self-Guarantee Act”).

(iii)the Government's Guarantee of Automobile Accident Compensation Business (hereinafter referred to as "Government Guarantee Business")

(i)an insurer who is entrusted with authority and is responsible for compensating the victim of a traffic accident caused by an automobile operated by a person who is not the policyholder of the motor vehicle accident compensation insurance within the limit of the insurance amount of the liability insurance, and when the insured died or died of an accident caused by an non-insurance motor vehicle, between I, the father of the victim E of the accident in this case, the insurer shall be entitled to indemnify the damage within the limit of 200 million won per person in accordance with the terms and conditions.