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(영문) 서울남부지방법원 2017.10.27 2017나54638
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company to which the Minister of Land, Infrastructure and Transport entrusted with the business of guaranteeing motor vehicle accident compensation pursuant to Article 45 of the Guarantee of Automobile Accident Compensation Act (hereinafter “Motor Vehicle Liability Act”) for compensation under Article 30(1) of the Motor Vehicle Liability Act.

B. On December 18, 2012, at around 06:00, the Defendant driven B B C C C C 124cc, which was not covered by mandatory insurance, and proceeded into the intersection due to the shock of Seodaemun-gu Seoul, Seodaemun-gu, at a speed of about 50 kilometers depending on three lanes between the four-lanes in the direction of the intersection of Seodaemun-gu, Seoul, at the intersection of the intersection, from the intersection of the intersection of Seodaemun-gu, the Defendant sustained the injury of C, such as a thropical brain hoppy, which was driven without permission from the left side of the Defendant’s running direction, due to the shock of C, which was moving into the right side of the road of Seodaemun-gu, for about seven weeks of medical treatment.

(hereinafter referred to as "accident of this case"). C.

From March 27, 2013 to July 29, 2013, the Plaintiff paid KRW 13,580,220 to C total compensation under Article 30(1) of the Automobile Loss Compensation Act.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 8 (including virtual numbers), and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Plaintiff may exercise in subrogation the victim C’s right to claim compensation for damages against the Defendant liable for damages under Article 3 of the Motor Vehicle Loss Act within the scope of KRW 13,580,220 of the said compensation pursuant to Article 39(1) of the Motor Vehicle Loss Act (see Supreme Court Decision 201Da77795, Jan. 27, 2012), barring special circumstances, the Defendant is obligated to pay the Plaintiff KRW 13,580,220 and delay damages.

3. Judgment on the defendant's assertion

A. (1) The Defendant asserted the reimbursement of KRW 191,380, and KRW 823,940,00 for hospital treatment expenses after transferring C to the hospital immediately after the accident, and paid KRW 1.3 million to C’s guardian D as nursing expenses. As such, the Defendant should be deemed to have discharged KRW 2,315,320 in total.

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