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(영문) 서울중앙지방법원 2018.01.09 2016가단5034857
구상금
Text

1. The Plaintiff:

A. Defendant A’s KRW 30,025,00 and for this, KRW 5% per annum from November 17, 2015 to July 27, 2016.

Reasons

1. Basic facts

A. The status of the party (1) The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to CMW GT vehicles owned by B (hereinafter “Plaintiff”), and (2) the Defendant national rental car mutual aid association (hereinafter “Defendant national rental car mutual aid association”) is a mutual aid operator who entered into a mutual aid agreement with the Defendant National GWL Co., Ltd. (hereinafter “Defendant National GWL”), a vehicle rental company, and ③ Defendant National GWL is a company leasing Defendant vehicle to E, and ④ Defendant A is a person who drives Defendant vehicle at the time of an accident.

B. From July 2015 to July 23, 2015, Defendant NWWEL concluded a vehicle lease agreement between Defendant NWWEL on the Defendant’s vehicle and the Defendant’s vehicle to lease the Defendant vehicle from July 23, 2015 to July 22:3, 2015. At the time, E, as a minor, presented the FWWL’s driver’s license to the employee in charge of Defendant NWL, and took over the Defendant vehicle, despite the absence of the driver’s license as a minor.

C. (1) On July 24, 2015, E had the Defendant A, who had no driver’s license, drive the Defendant vehicle as a minor at the time of the occurrence of a traffic accident.

(2) On July 24, 2015, at around 18:36, 2015, B driven the Plaintiff’s vehicle in the Gangnam-gu Seoul, Gangnam-gu, Seoul, in accordance with the Olympic Winter Games 609, and proceeded along three lanes among five lanes in the direction of the Cheongdong intersection in the direction of the Cheongdong intersection, and the replacement was completed in four lanes, there was an accident where the Defendant’s vehicle driven by the Defendant A from the rear side of the Mad Plaintiff’s vehicle, changing the vehicle from five lanes to four lanes, and collisions the latter (hereinafter “instant accident”).

On November 17, 2015, the Plaintiff paid the insurance money to B, the insured of the Plaintiff’s vehicle, under the name of the repair cost of the Plaintiff’s vehicle.

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