(영문) 서울중앙지방법원 2019.10.23 2017가단49264

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(영문) 서울중앙지방법원 2019.10.23 2017가단49264

구상금

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1. The Defendants jointly share KRW 77,369,460 to the Plaintiff, and the period from October 17, 2015 to June 19, 2018.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract, including an injury security contract with respect to the E vehicle (hereinafter “Plaintiff vehicle”) with D.

B. Around October 16:25, 2014, while driving a G vehicle owned by the Defendant C (hereinafter “Defendant vehicle”), F parked the Defendant vehicle in front of the parking lot near the former H apartment Idong, while he was aware of for personal use on and around October 16:25, 2014. Defendant B moved together while he was on the top of the operation of the Defendant vehicle, and the F left the Defendant vehicle as a driver of the vehicle from the Defendant.

C. Around October 11, 2014, the above apartment residents and security guards seeking to drive their own vehicles in the I-dong parking lot requested Defendant B to move the Defendant’s vehicle, which prevents the above parking lot. Defendant B, even though he was under the alcohol level of 0.053% of alcohol level, but was under the influence of alcohol level of 0.053%, Defendant B, who was driving the Defendant vehicle while driving the Defendant vehicle and was under the duty of driving the Plaintiff vehicle, was shocked by the husband J of the Plaintiff D, the insured.

(hereinafter “instant accident”). D.

The Plaintiff paid KRW 9,869,460 in total with the insurance proceeds to D, etc., the contractor of the Plaintiff’s vehicle due to the instant accident (hereinafter “K”), and returned KRW 22,500,000 from K Co., Ltd., the liability insurance proceeds of the Defendant’s vehicle (hereinafter “K”), the liability insurance proceeds of KRW 9,869,460 in total.

(7,369,460 won = 99,869,460 won - 22,50,000 won)

F is written as a named driver in accordance with the limited driving special terms and conditions among the insurance contracts concluded between Defendant C and K.

[Ground of recognition] Unsatisfy, Gap evidence 1-8, Eul evidence 1-6, fact inquiry results against the chief of police station during the period of appearance, the purport of the whole pleadings

2. Determination

A. The issues of this case are served by Defendant B, etc. and submit a written answer.

유사 판례

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-서울중앙지방법원 2019.10.10 2019나29296

-서울중앙지방법원 2021.04.22 2020가단5104876