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(영문) 서울중앙지방법원 2017.09.26 2016가단118712
구상금
Text

1. Defendant A’s KRW 120,000,000 as well as 5% per annum from April 9, 2016 to January 25, 2017 to the Plaintiff.

Reasons

1. As to the claim against the defendant A

A. Indication of claim: Defendant A in the attached Form “Cause of claim”

(b) Applicable provisions of Acts: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. As to the claim against the defendant C

A. Facts of recognition 1) The Plaintiff is abbreviationd with the Guarantee of Automobile Accident Compensation Act (hereinafter “Motor Vehicle Liability Act”).

A) Under Article 45(1), the Minister of Land, Infrastructure and Transport is entrusted with the business of guaranteeing motor vehicle accident compensation under Article 30(1) of the same Act, and the Defendant is a D vehicle (hereinafter “Defendant vehicle”).

A) On October 15, 2015, at around 7:06, 2015, driving the Defendant’s vehicle, which was not covered by liability insurance, and driving the third line road of the same number of 2 lines in front of the Incheon Bupyeong-gu funeral, Incheon, into the side of the opening elementary school from the modern roptel room, the central line was obstructed and received the front part of the Defendant’s E-driving bus, which was directly controlled by Nonghyup-dog on the right side side of the running direction of the Defendant’s vehicle, from the north side of the frop road at the frop of the upper frop.

(3) The Plaintiff filed a claim for the payment of compensation for damage on the ground that the Defendant vehicle is an non-insurance vehicle, and paid KRW 120,000,000 to G’s family with G medical expenses and the amount agreed upon by the Government in accordance with the Automobile Loss Compensation Act, as an insurer entrusted with the business of guaranteeing motor vehicle accident compensation by the Government in accordance with the Automobile Loss Compensation Act.

B. As to the assertion on the responsibility of the operator as stipulated in Article 3 of the Act, the Defendant asserted that the Defendant is the owner of the Defendant’s vehicle, who is the owner of the vehicle and operates the vehicle on his own behalf, falls under the “person who operates the vehicle on his own behalf,” and thus, the Defendant is liable for damages under Article 3 of the Act. Accordingly, the Plaintiff who pays insurance money to the victim

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