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(영문) 서울남부지방법원 2020.07.02 2019가단273104
구상금
Text

1. The Plaintiff:

A. From November 27, 2018, Defendant B:37,323,480 won and its related thereto:

B. Defendant C shall be KRW 216,730.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with the E-vehicle owned by Defendant B (hereinafter “Plaintiff”).

B. At around 05:00 on December 31, 2017, Defendant B, while driving the Plaintiff’s vehicle on the Plaintiff’s vehicle in the vicinity of the Incheon Expressway, was in conflict with the F Drivers’ taxi vehicles driving in the reverse direction by cutting off the business taxi in a drinking condition and driving the Plaintiff vehicle normally (hereinafter “instant accident”).

C. On February 7, 2018, Defendant B drafted a written agreement with the F to receive KRW 41,800,000 as agreed amount, and Defendant C drafted a written agreement with the F on January 16, 2018 to receive KRW 1,80,000 as agreed amount, and Defendant D drafted a written agreement with the F on January 23, 2018 to receive KRW 3,000,000 as agreed amount.

The phrases stated in each of the above agreements (hereinafter referred to as "each of the agreements of this case") are as follows:

The victims (the defendants) agreed to receive and smoothly agree with the will of the perpetrator (F) in connection with the traffic accidents, etc. that occurred on December 31, 2017.

Accordingly, I will not be punished for the perpetrator, and will confirm that the victim will not raise any civil or criminal issue with respect to this case thereafter.

The Plaintiff paid KRW 7,849,760, Feb. 2, 2018, which was before the preparation of the instant agreement, to Defendant B with the insurance proceeds of injury caused by an non-insurance motor vehicle. From February 20, 2018 to November 26, 2018, the Plaintiff paid KRW 37,323,480 (the amount calculated by deducting KRW 6,674,230, and KRW 2,363,740, which was paid to the Plaintiff by the F), and the Defendant C paid KRW 216,730, and KRW 1,198,40, which was the sum of the insurance proceeds from February 21, 2018 and the same month from February 21, 2018 to November 26, 2018, respectively.

E. The Plaintiff against F is the Seoul Southern District Court.

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