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(영문) 서울남부지방법원 2015.12.17 2015나56029
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to the C motor vehicle owned by B, which includes a special agreement on coverage by an uninsured motor vehicle (hereinafter “instant special agreement”), and the Defendant is the owner of the D motor vehicle, the liability insurance of which is only covered (hereinafter “Defendant vehicle”).

B. Around 13:30 on August 24, 2014, the Defendant’s vehicle parked on the right side of the road in the middle-gu, Jung-gu, Incheon, Jung-gu, Incheon, while driving a vehicle into the road near the Yak Ships’s Bathing beach (hereinafter “instant accident”), caused an accident by shocking the said vehicle, which was driven by B (hereinafter “instant accident”), and due to the said accident, B suffered an injury, such as the scopical salt, tension, etc.

C. The Plaintiff paid KRW 2,509,250 as insurance money to B by November 5, 2014 in accordance with the instant special agreement. On September 25, 2014, the Plaintiff received KRW 800,000, which is the maximum liability insurance amount from the Mesz Fire Marine Insurance Co., Ltd., a liability insurer of the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the accident of this case occurred due to the negligence of the defendant who failed to properly manage the parked vehicle, the defendant is obligated to pay as a tort the insurance money of 1,709,250 won paid by the plaintiff to the plaintiff (=2,509,250 won - 800,000 won) and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from November 6, 2014, the day following the last payment date of the insurance money, to April 28, 2015, the delivery date of the copy of the complaint of this case, and from the next day to the day of full payment.

In regard to this, the defendant not only caused the accident of this case to be injured by B, but also caused the evidence to B, so the medical expenses and the amount of the agreement paid to B shall be governed by the king evidence.

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