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(영문) 대전지방법원 2017.06.30 2016가단227714
구상금
Text

1. The Defendant’s KRW 44,419,720 for the Plaintiff and the following: 5% per annum from July 28, 2016 to January 25, 2017.

Reasons

1. Facts of recognition;

A. On October 4, 2015, the Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with Nonparty B with respect to the insurance period for C vehicles from October 4, 2015 to October 4, 2016.

B. The aforementioned comprehensive automobile insurance contract includes an agreement under which the insured or his family members shall pay insurance money within the limit of 500,000,000 won as stipulated in the terms and conditions in cases where there is a person liable to compensate for the damage incurred due to the death or injury of an accident caused by an automobile without insurance (hereinafter “the instant comprehensive automobile insurance agreement”).

C. On February 22, 2016, Nonparty D driving a vehicle for E, which was not insured at around 09:30 (hereinafter “Defendant vehicle”), and neglecting the duty of care to safely drive while driving the road located in the F in the Seocho-si in Busan Metropolitan City, due to negligence, Nonparty D, the mother of B walking the place, was in front of the Defendant vehicle, and went beyond the ground. due to the foregoing accident, G sustained injury, such as damage to the right-hand part, damage to the right-hand part, and collapse, which require treatment between approximately four weeks.

(hereinafter “instant accident”) D.

The Plaintiff paid insurance proceeds of KRW 44,419,720 in total to G by July 27, 2016, pursuant to the instant non-insured injury security agreement.

E. Meanwhile, the defendant is the owner of the above vehicle registered on the construction machinery register of defendant vehicle at the time of the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9, 13 (including virtual number), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant constitutes "operator" as the owner of the defendant's vehicle under Article 3 of the Guarantee of Automobile Accident Compensation Act, and thus, is liable for compensating for the damage suffered G due to the accident in this case.

On the other hand, the Plaintiff is insured in accordance with the instant non-insured injury security agreement.

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