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(영문) 대구지방법원안동지원 2017.12.06 2016가단20756
구상금
Text

1. The Defendant’s KRW 33,278,418 as well as 5% per annum from June 13, 2015 to January 28, 2016 to the Plaintiff.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 4 and Eul evidence No. 3 (including each number), unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:

On August 30, 2012, the Plaintiff entered into a comprehensive automobile insurance contract with C with respect to D vehicles owned by the Plaintiff, and the said contract contains a special agreement for injury security by an non-insurance motor vehicle.

According to the above special agreement, when C’s parents ( regardless of whether or not they were on board the insured vehicle) were involved in an accident caused by an non-insurance vehicle, the Plaintiff is obliged to pay insurance money up to KRW 200 million if there is a person liable for compensation for such accident.

B. On April 7, 2013, the Defendant, while under the influence of alcohol 0.287% without a car driver’s license, driven the E-Poter Cargo (hereinafter “instant cargo”) with one ton of the E-Poter under the influence of alcohol 0.287% without a car driver’s license (hereinafter “the instant cargo”), and at the permanent residence, stopped the road front of the instant Non-Insurance Fluter’s 2nd (in the case of the foregoing Non-Insurance Vehicle Accident Security Special Agreement, which was subscribed only to the liability insurance, from the back of the Y, the instant cargo was pushed back to the lower end of the instant cargo due to the care of operation of the brake system, and thereby, the Defendant sustained the instant cargo vehicle’s face part of the instant cargo loaded on the left side of the instant cargo, and suffered injury, such as the total pelle, credit weather, plemos, and plemos, etc.

(hereinafter referred to as “instant accident”). At the time of the instant accident, the circumstances are as described in the attached Form No. 1 and images of the site map.

C. The Plaintiff paid KRW 42,278,418 in sum to B, as shown in the attached Table, as medical expenses from June 26, 2013 to May 12, 2016, according to the foregoing non-life insurance coverage agreement.

2. Determination

A. According to the judgment on the cause of the claim 1 above, the defendant is the driver of a sea-going vehicle.

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