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(영문) 서울중앙지방법원 2015.11.25 2012가단121611
구상금
Text

1. Defendant B’s KRW 5,780,633 as well as the Plaintiff’s annual amount from May 10, 2012 to November 25, 2015, and the following:

Reasons

1. Basic facts

A. According to the Guarantee of Automobile Accident Compensation Act, the Plaintiff is an insurer entrusted with the business of guaranteeing automobile accident compensation and the business of claiming compensation in subrogation by the Government under the same Act, and at the same time, an automatic comprehensive insurance contract (hereinafter referred to as the “instant insurance contract”) which is an insurance company with respect to C and D vehicles from July 21, 2011 to July 21, 2012, the insurance period of which is from July 21, 2011, the large-scale personal compensation I, II, property compensation, automobile injury, and non-insurance injury (the spouse of the life-insured is also included in the insured).

(2) Defendant B is the insurer which entered into a contract.

The owner of 124cc Oba (hereinafter referred to as the “Obabab in this case”) who caused a traffic accident, and the Defendant A is the mother of the Defendant B.

B. A traffic accident occurred on October 19, 201, around 01:15, Defendant B driven the instant Otoba, and proceeded to a bend-down plane in the apartment room in Gangdong-gu Seoul Metropolitan Government, regardless of whether it is possible to use one-lane road in front of the Seoul Gangdong-gu, but neglected to perform the duty of an Obridgeing, Defendant B caused the injury to C, such as the following thoba, by shocking the front part of the bicycle right side of C, where the crosswalk was cut on the right side of the front part of the Obaba, and caused C to suffer the injury.

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

On May 8, 2012, the Plaintiff paid C the amount of KRW 17,482,50 as the Government Security Insurance Money, and KRW 23,058,450 as the non-insurance premium under the instant insurance contract on May 9, 2012.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Gap 7 and 12 evidence, Gap 14 evidence, Eul 2 and 3 evidence, Eul 5 evidence and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the facts acknowledged as above, Defendant B is liable for damages arising from the instant accident pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act.

(b).

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