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(영문) 서울중앙지방법원 2019.04.09 2018나62586
구상금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to D vehicles, and is an automobile accident compensation guarantee business agent entrusted by the Minister of Land, Transport and Maritime Affairs.

B. On March 6, 2016, around 14:30 on March 6, 2016, E driving HOtoba (hereinafter “instant Otoba”) on the front line of G sales stores located in F of the Jeonju-gun, North Korea, and caused an accident where I was injured by shocking the I who is a pedestrian.

(hereinafter “instant accident”). C.

At the time of the instant accident, the Defendant had been registered in the two-wheeled automobile register under the name of the Plaintiff’s denial network J (hereinafter “the network”). However, the Deceased had already died on April 26, 2015, prior to the instant accident, and the Defendants were the deceased’s heir.

The plaintiff, as the insurer of the motor vehicle comprehensive insurance and the above guarantee business agent, paid the sum of KRW 24,018,070 to the medical expenses of the I.S.

【Ground for recognition】An absence of dispute, entry of Gap 1 and 2

2. The parties' assertion

A. Since the Plaintiff’s assertion was registered in the name of the deceased in the two-wheeled Automobile Register, the Defendants, the inheritor of the deceased, are obligated to pay the Plaintiff the amount of indemnity equivalent to the above medical expenses, as a person operating on their own behalf as prescribed in the main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act.

B. On April 1, 2010, prior to the occurrence of the instant accident, the Deceased of the Defendants sold and delivered the instant OE to K, and thus, the Defendants are not the operators of OEM.

3. If the person who purchased the Oral Ba and registered and operated it in the name of the owner of the vehicle register, sold it to the owner of the vehicle and received and delivered it in full, the above Oral Ba's right to control operation is not the change of the owner in the register of automobiles.

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