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(영문) 서울중앙지방법원 2014.11.28 2014가단5093517

구상금

Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 91,552,640, and 5% per annum from April 8, 2014 to July 4, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a comprehensive motor vehicle insurance contract with C with the insured as to D motor vehicle (hereinafter “victim”) and paid insurance money to the extent of KRW 200 million to the insured in the event of the insured’s non-insurance vehicle; however, when the Plaintiff pays insurance money, the Plaintiff entered into a special agreement with C with the insured to subrogate and acquire the damage liability that the insured has against the obligor within the insurance amount paid (hereinafter “special agreement on indemnity for non-insurance motor vehicle”).

B. Defendant A is the owner of F vehicle (hereinafter “this case”) and Defendant B, as an employee of Defendant A, suffered from the injury, such as light blood transfusion, etc. on the part of the head open in need of approximately 8 weeks of medical treatment, and the injury of E, such as 9 cage cage cage cages, which requires approximately 4 weeks of medical treatment, while driving the instant household in a drinking state without a driver’s license on January 10, 2012, in violation of signal near the mountain basin in Gangseo-gu Seoul Metropolitan City, etc., and the central line was invaded, and due to the shock of the damaged vehicle on board the vehicle, the Defendant A suffered from the injury of the damaged vehicle, such as light blood transfusion, etc. on the part of the head open in need of approximately 8 weeks of medical treatment.

(hereinafter referred to as “instant accident”). C.

The Plaintiff paid KRW 109,593,360 (=C 89,425,090 Won E 20,168,270) to E and C with insurance proceeds in accordance with the special agreement on indemnity against an insured motor vehicle. The amount is within the scope of damages suffered by E and C due to the instant accident, and the Plaintiff was paid KRW 18,040,720 among them by the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, Defendant B and the driver of the instant sea vehicle as well as the tort, and Defendant A as the owner (operator) of the instant sea vehicle, E and C due to the instant accident.