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(영문) 서울남부지방법원 2015.10.07 2015가단204773

구상금

Text

1. The plaintiff's claim against the defendant succeeding intervenor is dismissed.

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

Reasons

1. Basic facts

가. A는 2013. 9. 10. 20:30경 이혼한 전 남편인 B 소유로 등록되어 있던 C 렉서스 승용차를 운전하여 평택-제천 고속도로 상행선을 남안성 IC 쪽에서 서안성 IC 쪽으로 4차로를 따라 진행하던 중, 3차로에서 4차로로 끼어드는 차량을 보고 오른쪽으로 피하려다가 가드레일에 부딪친 후 왼쪽으로 튕겨나가 다시 중앙분리대를 충격하였다.

B. The Plaintiff entered into an automobile insurance contract with A with respect to the said car, setting the insured period from June 19, 2013 to June 19, 2014. The Plaintiff paid KRW 23,728,470 to the insurer who suffered the injury from the said accident as medical expenses, and paid KRW 21,307,910 to the insured non-party D with respect to the said car, and KRW 8,151,720 to the insurer who suffered the injury from the said accident.

C. Meanwhile, as to the said car, B entered into an automobile insurance contract with the Defendant (Withdrawal) Hyundai Liber Damage Insurance Co., Ltd. (hereinafter “On the part of the Defendant”) with respect to the said car, setting the time limit from December 27, 2012 to December 27, 2013, with respect to the said car as the insured, and the Defendant’s successor succeeded to the rights and obligations under the insurance contract with B during the litigation period.

[Ground of recognition] The purport of confessions or evidence Nos. 1 through 5 and all pleadings

2. The allegations and judgment of the parties

A. (1) The Plaintiff’s assertion (1) is the insurer under the insurance contract concluded earlier by the Defendant, who is the duplicate insurer for the said car, and the part of KRW 1,21,307,910, out of the insurance money that the Defendant first paid to the Defendant, who is the duplicate insurer for the said car, shall be fully borne by the Defendant. The Defendant’s double insurer KRW 31,880,190 (i.e., KRW 23,728,470) is in accordance with the principle of double insurance.