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(영문) 대구지방법원 2019.04.19 2018가단23435

구상금

Text

1. The Defendant’s KRW 5,861,810 as well as 5% per annum from November 14, 2018 to December 27, 2018 to the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The plaintiff is an insurer who has entered into a comprehensive automobile insurance contract containing a special agreement on accident security with Nonparty E (hereinafter referred to as “special agreement on accident security”), and the defendant is an owner and an owner of F vehicle (hereinafter referred to as “accident vehicle”).

B. On December 28, 2015, the Defendant: (a) while driving an accident vehicle around 22:00 on December 28, 2015, the Defendant caused Nonparty G (the instant accident) who led the handcil in the street near the Dondong-dong, Daegu-gu, Daegu-gu, causing the shock of the road without permission.

C. (1) The above G is the father of the above E, which entered into an automobile comprehensive insurance contract with the Plaintiff and constitutes the insured under the foregoing injury security agreement. (2) The insurer of the Defendant vehicle, Inc., H is able to compensate only for the damages of the above G related to the instant accident within the scope of liability insurance. As the insurer of the instant accident, I Co., Ltd., which was the insurance company of the other injury security agreement, first compensate the Plaintiff for the damages for the medical expenses of the said G, and then requested the Plaintiff to pay the said contributions. The Plaintiff paid the said contributions to the said I Co., Ltd.

The Plaintiff paid KRW 55,861,80,00 for the damages incurred by the Plaintiff and the exercise of the right to indemnity, and thus, the Plaintiff shall be deemed to have subrogated acquired the damage claim that the said G had against the Defendant. Therefore, the Plaintiff shall seek payment of the amount stated in the purport of the claim to the Defendant

2. On the other hand, the defendant does not clearly dispute the facts alleged by the plaintiff, so it is deemed to have been led to confession under Article 150 of the Civil Procedure Act.

Therefore, the Defendant is obligated to pay to the Plaintiff 5,861,810 won with 55% interest per annum under the Civil Act from November 14, 2018 to December 27, 2018, which is the delivery date of a copy of the instant complaint, and 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. Conclusion.