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(영문) 부산지방법원 2016.10.04 2015가단205501
구상금
Text

1. Defendant Korea-Japan Loss Insurance Co., Ltd.: (a) KRW 20,090,000 to the Intervenor succeeding to the Plaintiff; and (b) November 22, 2014.

Reasons

1. Facts of recognition;

A. Status 1 of the parties) The Plaintiff is the Plaintiff’s rocketing vehicles B and C (hereinafter “Plaintiffs”).

(2) The Plaintiff’s successor is the insurer who entered into a comprehensive automobile insurance contract that includes security against self-vehicle damage. The Plaintiff’s successor is the insurer who acquired the entire business from the Plaintiff on May 27, 2015 and succeeded to the rights and obligations regarding the said comprehensive automobile insurance contract that the Plaintiff entered into with respect to the Plaintiff vehicle pursuant to Article 146(1) of the Insurance Business Act. (2) The Defendant Korea Commercial Cargo Insurance Co., Ltd. (hereinafter “Defendant Korea Commercial Cargo Insurance Co., Ltd.”) is the insurer who entered into a comprehensive automobile insurance contract that covers the maximum liability of 100 million won for the E rocketing car (hereinafter “Defendant”) owned by D.

Defendant A Co., Ltd. (hereinafter “Defendant A”) is a corporation operating a G golf course located in Ulsan-gun F, Ulsan-gun, and Defendant interesting State Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant interesting State Fire and Marine Insurance”) is an insurer who has concluded a business liability insurance contract with Defendant A to cover the loss incurred from an outdoor parking lot attached to the said golf course (hereinafter “instant parking lot”).

B. (1) On October 16, 2014, D driving the Defendant’s vehicle one-hour and parked in the instant parking lot around 11:50-11:55 on the same day. The key of the Defendant’s vehicle was owned by himself. (2) On the same day, at around 12:35 on the same day, after D parked the Defendant’s vehicle, the Defendant’s vehicle turned back on the front side of the Defendant’s vehicle, and the Plaintiff’s vehicle parked in the front of the Defendant vehicle, which was turned down from the Defendant’s vehicle to the right way.

(hereinafter “the instant fire accident”). C.

The Plaintiff’s payment of insurance proceeds = KRW 20,090,000 with insurance proceeds for the Plaintiff’s vehicle = KRW 25,150,000 with total damage insurance proceeds, KRW 150,000 with towing expenses, KRW 150,00 with the towing expenses - The return of remainder proceeds to the Plaintiff’s vehicle 5,210.

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