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(영문) 대구지방법원 2019.05.31 2018가단23428
구상금
Text

1. The Defendant’s KRW 57,739,540 as well as 5% per annum from October 31, 2018 to December 7, 2018 to the Plaintiff.

Reasons

1. Chief;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with Nonparty F with respect to the E vehicle, including a special agreement on coverage with Nonparty F, and the Defendant is a driver who has driven a G vehicle (hereinafter referred to as “accident vehicle”).

B. Around 19:40 on December 14, 2015, the Defendant: (a) driven an accident vehicle and caused an accident to shock Nonparty J, who dried off a crosswalk without signal lights, after passing ahead of the I Hospital located in H in Daegu North-gu, Daegu (hereinafter “instant accident”).

C. The Plaintiff paid KRW 80,159,540 to the said J, a child of the said F, in accordance with the agreement on coverage by an uninsured vehicle, and received KRW 22,00,000,000 from K, a liability insurance company for the accident vehicle.

As the Plaintiff acquired by subrogation the damage claim against the Defendant by the said J under Article 682 of the Commercial Act, the Plaintiff is demanding the Defendant to pay the amount calculated by applying the respective rates of KRW 57,739,540 (i.e., KRW 80,159,540 - KRW 22,00,000) as well as the annual amount of KRW 5% as prescribed by the Civil Act from October 31, 2018 to December 7, 2018, the delivery date of a copy of the complaint of this case, and the annual amount of KRW 15% as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. According to the evidence Nos. 1 and 3 of the sales slip No. 1 and 3, all the facts alleged by the Plaintiff can be acknowledged.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.

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