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(영문) 서울중앙지방법원 2019.08.22 2018나69280
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal shall be borne by the Defendants.

3. The judgment of the court of first instance is ordered.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer which has entered into a comprehensive motor vehicle insurance contract that contains a special term of non-insurance coverage with the effect of compensating for the damage as stipulated in the terms and conditions, if the insured were to be covered by an non-life insurance motor vehicle (including a motor vehicle that did not subscribe to a non-life insurance class II) with D as the insured.

B. At around 16:10 on December 18, 2017, D, while driving the E-to-land at the front of the Yeonsu-gu Incheon Metropolitan City Office for Home Community Center (hereinafter “Plaintiff-gu”) and passing through the intersection through one lane among two-lanes pursuant to the straight line, D attempted to find out the F-to-land of Defendant B’s F-to-land (hereinafter “Defendant-motor vehicle”) who driven the central line in the opposite direction and attempted to turn to the left-hand left-hand turn, and to avoid collision with Defendant-motor vehicle.

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

Defendant C is the owner of the Defendant vehicle and the user of Defendant B.

Defendant vehicle was subscribed only to liability insurance (personal compensation I) with the insurer of the company G (hereinafter “G”) as the insurer. D.

By February 26, 2018, the Plaintiff paid D insurance proceeds of KRW 8,005,250 in total (the treatment cost of KRW 3,005,250 and the agreed amount of KRW 5,00,000,000; hereinafter “instant insurance proceeds”) to D pursuant to a special contract for non-insurance coverage, and received KRW 3,00,000,000 from G, which is the liability insurer of Defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including paper numbers), Eul evidence Nos. 2 and 5, video, the purport of the whole pleadings

2. Judgment on the plaintiff's right to indemnity

A. According to the facts acknowledged before the occurrence of the right to indemnity, Defendant B, who driven the Defendant’s vehicle, is an illegal act under Article 750 of the Civil Act, and Defendant C is jointly and severally liable to compensate for the damages caused by the instant accident as an operator under the Guarantee of Automobile Accident Compensation Act concerning

In addition, the Plaintiff did so to D in accordance with the non-insurance coverage agreement.

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