beta
(영문) 서울중앙지방법원 2016.11.23 2015가단99739

구상금

Text

1. The Defendant’s KRW 56,714,014 as well as 5% per annum from October 22, 2014 to November 23, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On July 17, 2014, the Defendant: (a) driven a car owned by B with C4.5 tons (hereinafter “the instant car”); and (b) carried a two-lane of the two-lane road in the stability of Pyeongtaek-si, Pyeongtaek-si, one of the two-lane roads in front of the public parking lot in Pyeongtaek-si; (c) was shocked by the D crossinged from the left side of the course to the vehicle waiting to the right side of the signal signal to the right side from the road in the direction of the course; (d) died on the right side of the said vehicle; and (e) as a result, D died on that spot.

(hereinafter referred to as “instant accident” and D.B.

The Plaintiff’s insurance money was paid 1) Meanwhile, when entering into a comprehensive automobile insurance contract with the Deceased as to the vehicle owned by the Deceased, the Plaintiff entered into a “non-insurance accident guarantee agreement” with the content that the insured compensates for any loss incurred when the insured died or died of an accident caused by an non-insurance accident, as prescribed by the terms and conditions. The terms and conditions applicable to the above security agreement include the following: < Amended by Act No. 34 (Subrogation of Insurer) ① In the event an insurance company pays insurance money to the insured or the claimant for damage, the Plaintiff acquires the rights of the insured to the third party within the scope of the insurance money or damages paid. However, if the insurance company compensates for a part of the insured’s loss, the Plaintiff acquired the rights to the insured to the extent that it does not infringe the rights of the insured. 2) The Plaintiff, as the insurer of the above insurance contract, calculated the insurance money on October 21, 2014 on the premise that the deceased’s negligence was 15%, and paid funeral expenses to the deceased’s inheritor KRW 150,530,005 won.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 11, and Eul's 1 (including each number).