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(영문) 서울중앙지방법원 2017.04.19 2016가단5217591
구상금
Text

1. Defendant A’s KRW 116,812,270 as well as 5% per annum from September 10, 2016 to February 1, 2017 to the Plaintiff.

Reasons

Basic Facts

The plaintiff, as an insurance company, acquired the C vehicle insurance from B, and the E vehicle insurance from D.

Each automobile insurance contract includes a non-insurance accident security to be compensated on behalf of the person liable for damage when the insured suffers an injury by an non-insurance motor vehicle.

Defendant A is running a motor vehicle maintenance business in the trade name of Seongdong-gu Seoul Metropolitan Government F and 2nd floor of 7 “G”.

Defendant Yong-gu Co., Ltd. is engaged in high-speed trading business in Seongdong-gu Seoul Metropolitan Government.

On February 23, 2015, the Defendant companies purchased H vehicles (hereinafter referred to as “Defendant vehicles”) and delivered them after requesting the Defendant to repair the Defendant vehicles on April 13, 2015.

On April 13, 2015, the Defendant A, who received the Defendant’s vehicle from “G” and received the instant accident and paid the insurance proceeds, had the vehicle driven in the front bank by a sudden launch, which was parked in the front bank on April 13, 2015. The Defendant A shocked the pedestrian B, and shocked the two-wheeled vehicle and the cargo for which the left-hand turn was parked.

(B) From the next day, the instant accident occurred due to the instant accident and is currently receiving medical treatment after suffering from the ductal of ductals, etc.

The Plaintiff paid KRW 10,00,000,000, which is the maximum amount of liability insurance due to the injury of each victim, to the Plaintiff as an entrusted institution of the Guarantee of Automobile Accident Compensation Business under Article 30 and Article 45(1)1 of the Guarantee of Automobile Accident Compensation Act, depending on the fact that the Defendant is an uninsurance automobile.

In addition, until September 9, 2016, the Plaintiff paid KRW 106,812,270 to B as insurance money equivalent to the amount of liability insurance coverage exceeding the maximum amount of liability insurance.

[Ground of recognition] According to the facts of judgment as to the claim against the defendant A as a whole, the entries of the evidence Nos. 1 through 7 and the purport of the whole pleadings, the defendant A shall be subject to this.

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