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(영문) 서울중앙지방법원 2016.12.15 2016나43611

구상금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who is entrusted with the authority to guarantee motor vehicle accident compensation within the scope of liability insurance when a person dies or is injured due to the operation of a motor vehicle not covered by liability insurance or liability mutual aid pursuant to Article 30 of the Guarantee of Automobile Accident Compensation Act, and the Defendant is the following B.

A driver of B-vehicle at the time of an accident described in the port (hereinafter referred to as "Defendant vehicle").

B. Around 22:00 on March 23, 2008, the Defendant driven the Defendant’s vehicle and driven the Defendant’s vehicle in the vicinity of the Eso-dong, Jongno-gu, Seoul. Around March 23, 2008, the Defendant shocked C who walked along the crosswalk in accordance with the Emb

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

At the time of the instant accident, the Plaintiff did not enter into an automobile insurance contract on August 7, 2008 and April 26, 201, paid 5,648,650 won in total to C, the victim of the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 3, the purport of the whole pleadings

2. The assertion and judgment

A. As to the Plaintiff’s claim for reimbursement of the full amount of compensation paid by the Plaintiff, asserting that the instant accident occurred due to the Defendant’s total negligence, the Defendant asserted to the effect that the Plaintiff agreed to pay KRW 30 million to C prior to the payment of compensation to C, and that there was no claim to subrogate the Plaintiff.

B. In full view of the purport of the entire arguments in subparagraph 1 above, C and its agents received 30 million won as damages from the Defendant on May 8, 2008, and issued a receipt with respect to the accident of this case, which is not a civil or criminal objection, to the Defendant. According to the above facts of recognition, C and its agents receive 30 million won as agreed upon between the Defendant and the Defendant.