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(영문) 서울중앙지방법원 2019.09.20 2018가단5060713

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with D as to the E vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the nominal owner registered in the F vehicle register (hereinafter “Defendant vehicle”).

B. On January 19, 2015, at around 17:29, the number of the winners of the name unsatisfyed returned to the left side of the Plaintiff’s vehicle, the left side of the front side of the Defendant’s vehicle, where the driver of the Plaintiff, who was the driver of the Plaintiff’s vehicle, driven the Defendant’s vehicle by driving the unsatisfy two-lanes in the direction of the front side of the direction while driving the vehicle along the two-lanes of the front side of the road in the direction of the front side (hereinafter “instant accident”). On account of the instant accident, G and the same passenger, who was the driver of the Plaintiff’s vehicle, sustained the injury and the Plaintiff’s vehicle was destroyed.

C. In accordance with the Guarantee of Automobile Accident Compensation Act, the Plaintiff paid KRW 3,752,980 to G, who is the driver of the Plaintiff’s vehicle with the insurance money, etc., KRW 8,747,970 to G, who is the driver of the Plaintiff’s vehicle, KRW 2,40,000 to I, and KRW 14,050,000 as the repair cost of the Plaintiff’s vehicle, and KRW 1,725,30 as the central separation cost due to the instant accident.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 9 (including each number in case of additional number) and the purport of whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion is the owner of the Defendant’s vehicle, and the Defendant is liable for damages arising from the instant accident. Since the Plaintiff subrogated to the Defendant of G, etc. by paying KRW 30,676,250 as the insurance money for the guaranteed business pursuant to the Guarantee of Automobile Accident Compensation Act to G, etc., the Defendant is liable to pay the Plaintiff the said KRW 30,676,250 and the delay damages therefrom.

B. The Defendant alleged that the Defendant transferred the Defendant’s vehicle to a middle and high-ranking businessman on February 2014, but the nominal owner in the register of automobiles is changed.