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(영문) 서울중앙지방법원 2019.11.11 2018나75919
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who is entrusted by the Minister of Land, Infrastructure and Transport with the Government’s business of guaranteeing motor vehicle accident compensation within the limit of liability insurance under Article 30(1) of the Guarantee of Automobile Accident Compensation Act where another person is injured due to the operation of a motor vehicle that did not subscribe to liability insurance or liability mutual aid under Article 5(1) of the same Act.

B. On August 20, 2004, around 05:30 on August 20, 2004, the Defendant was driving a non-party E, along one lane near the entrance of “Dhigh school” located in Sacheon-si C, and was driving a non-party E with the 125cc-wheeled vehicle (hereinafter “Defendant vehicle”), while driving the non-party E, the lower part of the F vehicle which is proceeding in the same direction at the front section of the Defendant vehicle.

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

E was crashed on the road due to the instant accident, and the Plaintiff, the insurer of the Guarantee Business of Automobile Accident Compensation, paid KRW 2,690,230 to E as medical expenses on January 21, 2005.

On July 30, 2008, the Plaintiff filed a lawsuit against the Defendant for reimbursement of the amount equivalent to the amount of medical expenses paid to E (the Daejeon District Court Branch Decision 2008Gaso38424). On August 12, 2008, the Plaintiff rendered a decision of performance recommendation on September 12, 2008, stating that “The Defendant shall pay to the Plaintiff 2,690,203 won and the amount equivalent to 5% per annum from January 21, 2005 to August 28, 2008, and the amount equivalent to 20% per annum from the next day to the day of full payment.” The above decision was finalized on September 12, 2008.

E. On June 25, 2018, the Plaintiff filed the instant lawsuit against the Defendant seeking the payment of the same amount as the amount quoted in the pertinent performance recommendation decision, following the completion of extinctive prescription of the claim for reimbursement against the Defendant as extended by the said final decision of performance recommendation.

[Ground of recognition] Facts, absence of dispute, and Gap evidence 1 to 3 respectively.

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