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(영문) 전주지방법원 2018.05.18 2017가단25255
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 61,541,180 won and 5% per annum from December 12, 2003 to November 22, 2006.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer running a business of guaranteeing motor vehicle accident compensation under the Guarantee of Automobile Accident Compensation Act for the purpose of conducting non-life insurance, such as motor vehicle insurance.

B. Around 18:30 on November 12, 2003, Defendant C driven an uninsurance vehicle owned by the network A, resulting in the collision of D on the front side of the village located in the Sinsan-dong, Busan-dong, Seosan-dong, 2003 and caused the death.

(hereinafter “instant accident”). C.

The Plaintiff paid KRW 61,541,180 to D’s bereaved family members as insurance money for the instant accident, based on the said assistance business.

The Plaintiff filed an application for the payment order against A and C with the Jeonju District Court 2006Ka1066, and “Defendant C shall pay to the Plaintiff 61,541,180 won and the amount at the rate of 5% per annum from December 12, 2003 to the service date of the original copy of the instant payment order, and 20% per annum from the next day to the day of complete payment.” The payment order becomes final and conclusive on December 7, 2016, and A shall raise an objection to the above payment order, and on January 11, 2008, filed a lawsuit of claiming the amount of compensation with the Jeonju District Court 2007Kadan42, 207, and 61,541,180 won, and 20% per annum from the next day to November 17, 2006 to the day of full payment.”

E. A died on November 1, 2017, and her mother was the only inheritor B.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and Eul evidence 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff the indemnity amount of KRW 61,541,180 and the damages for delay.

B. As to this, Defendant B asserted that the qualified acceptance was made by the court on the inheritance of A, the case will be examined.

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