logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.09.19 2013가단199901
구상금
Text

1. The plaintiff

A. Defendant A and B shall be KRW 27,809,720, respectively, within the scope of the property inherited from the network D.

Reasons

1. Basic facts

A. The Plaintiff entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to Nonparty E and F vehicles, including injuries by non-life-free cars (hereinafter “instant insurance contract”). According to the instant insurance contract, the scope of the insured’s coverage by non-life-free cars includes his/her spouse and children, in addition to Nonparty E, the registered insured.

B. On March 16, 2013, Defendant C’s children: (a) driven the Plaintiff’s G owned by Defendant C (hereinafter “Defendant C”); (b) driven the Plaintiff’s Ha on the back seat; and (c) caused the instant signal to the front of the Seoul Eunpyeong-gu I Intersection, and (d) D and H died both by the left and left-hand negligence, by shocking the vehicle driven by a straight-line signal from the right-hand edge to the right-hand surface, despite the fact that the signal was sent to the front of the first intersection of Eunpyeong-gu, Seoul.

(hereinafter “instant accident”). C.

Defendant C is the owner of the Defendant vehicle.

On May 24, 2013, according to the instant special agreement, the Plaintiff paid KRW 167,882,680 to H’s bereaved family members for the purpose of treatment and agreement. The Plaintiff returned KRW 112,263,240 from Samsung Fire Marine Insurance Co., Ltd., which subscribed to the instant vehicle, to KRW 112,263,240.

E. On the other hand, on August 5, 2013, Defendant A and B reported to the Seoul Family Court on the inheritance limited acceptance of the said report on August 5, 2013, and was tried on December 20, 201 to accept the said report.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Gap 9 evidence, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above fact finding that the liability for damages occurred, Defendant A and B are the inheritors of Defendant C, who are the drivers of Defendant vehicle, and Defendant C is liable to compensate for the damages suffered by H due to the instant accident as an operator under Article 3 of the Guarantee of Automobile Accident Compensation Act, and the Plaintiff paid the insurance money to H, discharged the Defendants from liability, and acquired the right to indemnity against the Defendants by subrogation by the insurer under Article 682 of the Commercial Act.

arrow