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(영문) 서울중앙지방법원 2015.01.15 2013가단5018892

구상금

Text

1. The Defendant shall pay to the Plaintiff KRW 22,769,650 as well as 5% per annum from November 25, 2010 to March 5, 2013.

Reasons

1. Determination as to the occurrence of claim for indemnity

A. The Plaintiff, as an insurer, concluded a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to a vehicle owned by B (hereinafter “instant vehicle”) between January 9, 2009 and January 9, 2010, with the authority of the Minister of Land, Infrastructure and Transport to ensure the guarantee of automobile accident compensation business under Article 30(1) of the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”). The instant insurance contract includes a special agreement on the collection and management of business contributions and the payment of insurance proceeds within the limit of KRW 200 million in cases where the instant vehicle is destroyed by a non-insurance vehicle.

(2) On September 14, 2009, D, a driver of the reverse village bus bus in a limited partnership company (hereinafter referred to as the “derogic village bus”), is an uninsurance vehicle in front of the 5444-dong-dong-dong-dong-dong, at the time of Sigjin-si, which is a non-insurance vehicle in front of the 544-dong-dong-dong-dong-dong-dong, and driving the instant bus at the roadside village bus (hereinafter referred to as the “instant bus”), leading to the roadside of the instant vehicle while driving the instant vehicle at the direction from the surface of the coefficient remote distance, and due to this, it exceeded the above street, etc., and the instant vehicle was destroyed by the said B and his passenger.

(3) The Plaintiff is a national security business entity responsible for compensating for the victim’s damage caused by a vehicle not covered by liability insurance, and as a party to the instant insurance contract, the Plaintiff paid KRW 20,148,340 to the said B as insurance money several times until November 24, 2010, and KRW 2,621,310 to the said F.

(4) On the other hand, the defendant of this case.