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(영문) 인천지방법원 2017.06.09 2016나63340
구상금
Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

3. Text of the judgment of the court of first instance;

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer to whom the Minister of Land, Transport and Maritime Affairs entrusted with the business of guaranteeing motor vehicle accident compensation and the vicarious exercise of the right to claim damages.

In addition, when concluding a comprehensive automobile insurance contract with respect to a vehicle owned by B (hereinafter “Plaintiff”), the Plaintiff agreed that B shall pay insurance money in accordance with the terms and conditions if there is a person liable to compensate for the damage, and that B shall acquire the right to claim damages with respect to a third party within the scope of the insurance money paid when the Plaintiff paid the insurance money.

(hereinafter referred to as “the instant non-life insurance security agreement”) B.

around 08:05 on August 22, 2015, Defendant A driven D vehicles owned by Defendant Heung Industrial Development Co., Ltd. (hereinafter “Defendant Heung Industrial Development”) (hereinafter “Defendant”) and brought back from the Nam-gu Incheon Nam-gu E parking lot to the roadway, and caused the Plaintiff’s vehicle parked on the roadway.

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

In the instant accident, the front part of the Plaintiff’s vehicle was destroyed, and B suffered injury on the part of the Plaintiff’s vehicle.

B, upon refusing to deal with the insurance, the Defendants requested the Plaintiff, who is its insurer, to pay the insurance money according to the comprehensive automobile insurance contract and the instant non-life insurance contract.

Accordingly, on October 26, 2015, the Plaintiff paid KRW 354,419, and KRW 2,782,780 according to the instant non-life insurance security agreement from September 25, 2015 to December 23, 2015.

E. On the other hand, on December 16, 2015, the Plaintiff paid KRW 2,400,000 to B as an entrusting insurer of the Guarantee of Automobile Accident Compensation Business.

【Unsatisfy-based dispute”, Gap 1 through 5

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