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(영문) 서울중앙지방법원 2016.09.27 2014가단268668
구상금
Text

1. The Defendant’s KRW 25,068,308 as well as 5% per annum from July 26, 2014 to September 27, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 3, 2014, at around 21:17, the Defendant: (a) driven the C B B’s Naba car (hereinafter “accidented vehicle”) on behalf of another, and driven the C’s luxal playground from the tribal hot spring, the front side of the C’s tribal zone located in the East Sea, with two-lanes from the tribal hot spring. On January 3, 2014, the Defendant was faced with the front side of the accident vehicle, and was faced with the injury of the D’s bridge, such as the lubal lux, the rear lux, the rear lux, etc.

(hereinafter “instant accident”). (b)

The plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract containing a special agreement for indemnity against non-life insurance with D.

C. The Defendant concluded a comprehensive motor vehicle insurance contract with Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Thosung Fire”) which includes a special agreement on the operation of another motor vehicle with respect to his/her own E vehicle, but did not apply to an accident that occurred while carrying on the proxy driving business. On January 17, 2014, the Defendant received false insurance as if it caused the instant accident while driving a motor vehicle with a seal on Samsung Fire.

Accordingly, Samsung Fire paid KRW 86,465,170 in total amount of insurance proceeds to D from January 23, 2014 to April 14, 2014 in accordance with a special agreement for securing the operation of another motor vehicle that was concluded with the Defendant, which is the amount calculated by deeming D’s negligence as 30%.

Samsung Fire confirmed that the instant accident occurred during the Defendant’s substitute driving and did not apply to the special agreement for driving of another motor vehicle, and confirmed that it paid insurance proceeds to the Defendant, and claimed insurance proceeds according to the special agreement for driving of the non-insurance motor vehicle concluded with D with D.

Accordingly, on April 24, 2014 and April 30, 2014, the Plaintiff: (i) KRW 49,068,300,00, total insurance money under the special agreement for indemnity against non-insurance motor vehicle injury to Samsung F&M [the total amount of KRW 11,548,730,000, total of the insurance money under the special agreement for indemnity against non-insurance motor vehicle injury to Samsung F&M [the total amount of KRW 11,548,730,00,000

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