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(영문) 인천지방법원 2015.10.16 2014가단212192
구상금
Text

1. The Defendants jointly share KRW 18,781,221 with respect to the Plaintiff and 5% per annum from March 20, 2014 to October 16, 2015.

Reasons

1. Facts of recognition;

A. Defendant BBD Co., Ltd. (hereinafter “Defendant Company”) is an operator who leased Obane Co., Ltd. (hereinafter “this case”) to Defendant A’s user and received monthly rents from Defendant A, and the Intervenor is an insurer who concluded an insurance contract with Defendant A for personal compensation I regarding the instant sea vehicle.

B. A around 12:50 on April 17, 2012, Defendant A driving the instant temporary vehicle and proceeding along one lane from the two lanes in front of the hospital located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, along with a number omitted bus.

During the course of overtaking the bus, the F, which has crossed the above road without permission, was shocked by the front part of the Lao, and due to this, the F suffered from the injury of the right side, such as the full wave of the back to the right side.

(hereinafter “instant accident”). C.

On the other hand, the Plaintiff was an insurer who entered into an automobile comprehensive insurance contract containing a special agreement for accident-free injury security with respect to H vehicles owned by G with G and his/her spouse, including G and his/her spouse, and paid KRW 11,234,130 to E Hospital, etc. by March 19, 2014, a total of KRW 11,234,130, as the medical expenses incurred from the instant accident, and KRW 25,000,000, within the scope of passive and mental damages, which reflects the labor ability loss rate arising from the instant accident, to F on November 19, 2012.

The Defendant Intervenor paid KRW 6,582,670 to the Plaintiff by February 18, 2013, as the insurer of the instant sea vehicle.

[Ground of recognition] Facts without dispute, Gap1 through 5 (including partial numbers), Eul evidence 1, Eul evidence 1, Gap evidence 1, Gap evidence 6-1, and the purport of the whole of each video and pleading as a whole

2. The assertion and judgment

A. According to the facts of recognition of the liability for damages and the occurrence of the right to indemnity, the defendant A and the defendant A, who is the driver of the instant sea vehicle, are jointly F due to the operation of the instant sea vehicle.

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