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(영문) 대구지방법원 2019.06.21 2018가단1640

구상금

Text

1. The Plaintiff:

A. Defendant B’s KRW 36,565,220 as well as 5% per annum from February 23, 2018 to April 2, 2018.

Reasons

1. Basic facts

A. The Plaintiff, as an insurer, is a person who has concluded an automobile insurance contract that contains a special agreement on the coverage of an insured automobile in respect of Nonparty D and E (hereinafter referred to as “insured vehicle”), and Defendant B is driving a two-wheeled vehicle (hereinafter referred to as “accidentd vehicle”).

A person who has caused the following traffic accidents, and the defendant C Co., Ltd. (hereinafter referred to as the "Defendant Co., Ltd.") is an insurer who has concluded an automobile insurance contract for an accident vehicle.

B. On October 24, 2017, Defendant B driven an accident vehicle around 18:00, and carried out the street in front of the H association located in G in the G in the G in the G in the G in the G in the G in the G in the first direction from J bank to J bank. The Nonparty B, who was driving the K-wheeled vehicle in the normal state at the time, was trying to avoid the accident (hereinafter referred to as the “victim”) caused an accident, resulting in an accident in which Nonparty B, who was driving the K-wheeled vehicle in the normal state, was trying to avoid the accident.

C. The Plaintiff, as an insurer of an insured vehicle, paid KRW 42,03,810,00 to the victim as damages for the injury of an insured vehicle, based on the special agreement on the injury of an insured vehicle, by December 14, 2017 to January 19, 2018, including the payment of KRW 41,626,050 as damages, and the payment of KRW 377,760 as hospital treatment costs until February 23, 2018.

In addition, the Plaintiff received KRW 5,438,590 from the Defendant Company, the insurer of the accident vehicle.

[Ground for recognition] Unsatisfy

2. Chief;

A. In relation to the victim’s damages caused by the instant accident asserted by the Plaintiff, Defendant B is the driver of the vehicle involved in the accident, and the Defendant Company is liable for damages under the Guarantee of Automobile Accident Compensation Act and the Civil Act, and is the insurer of the vehicle involved

Therefore, according to the insurer subrogation provision of Article 682 of the Commercial Act, the Plaintiff seeks to pay the Defendants the same money as the claim stated in each claim.

B. The Defendants asserted that there was a proximate causal relationship between the instant accident and the victim’s disability.