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(영문) 서울중앙지방법원 2016.11.11 2016나56952
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an automobile insurance contract with C with respect to D vehicles, and the said contract includes a non-insurance motor vehicle injury guarantee agreement (hereinafter “instant special agreement”) with the insured as the insured.

Defendant B is the owner of F vehicle (hereinafter referred to as “Defendant vehicle”), and Defendant A is the driver of the Defendant vehicle.

B. At around 14:08 on August 26, 2015, E, a bicycle riding along the front section of the Defendant’s vehicle, who was driven by the Defendant A while straight in violation of red signal along one-lanes of the erospence distance from the front section of the erosp road located in Gangseo-gu Seoul Metropolitan Government, and was driven by the Defendant A, in violation of yellow signal at one-lane between the two-lanes of the erospence of the erospence distance from the front section of the erosp of the erosp.m.

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

According to the instant special agreement, the Plaintiff paid KRW 4,505,180 in total to E with medical expenses and agreed amount, and returned KRW 1,600,000 from the Dongbu Fire Marine Insurance Co., Ltd., a liability insurer for the Defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendants, as the owner or driver of the Defendant’s vehicle, are obligated to compensate for the damages incurred by E due to the instant accident, and the Plaintiff paid the accident insurance money to E under the instant special agreement, and thus, the Defendants may exercise in subrogation the damages claim that E has against the Defendants.

However, as seen earlier, the instant accident was shocked by the Defendant’s front left-hand left-hand turn in violation of yellow signal while the Defendant was on board a bicycle or in violation of red signal, and such mistake was caused by the occurrence of the instant accident and the expansion of damages.

(c).

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