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(영문) 서울중앙지방법원 2017.05.17 2016나50671
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a non-profit corporation established for the purpose of common welfare and friendship among the members of the Plaintiff as a member of a private taxi transport business entity in Seoul Special Metropolitan Area, and has set up an standing meeting inside the Plaintiff and is conducting the business of compensating for damages in accordance with the provisions of the upper conference and the terms and conditions when the member of the upper conference causes damage to a member’s vehicle, etc. due to an accident during the possession, use, and management of the vehicle. A is a private taxi (hereinafter “Plaintiff”).

(1) The Plaintiff’s member, as the owner, is the first member of the Plaintiff’s association (hereinafter “instant mutual aid”).

2) The Defendant is an insurer which has entered into a comprehensive automobile insurance contract with respect to C vehicles (hereinafter “Defendant vehicles”).

B. On January 16, 2015, the driver of the instant vehicle, driving the Defendant vehicle at around 02:00, caused an accident where the driver of the instant vehicle, while driving the two-lanes of the three-lane road in front of the E stations located in Gangdong-gu Seoul Metropolitan Government D in the direction of keeping the two-lane road from the ecological park shooting distance, and driving the remainder under the influence of alcohol, resulting in an accident where the driver of the instant vehicle, who stopped in the front section and stopped in the signal line, followed the vehicle behind the Plaintiff in front of the Defendant vehicle.

(hereinafter referred to as “instant accident”). C.

The Plaintiff paid 2,920,000 won for the repair cost of the Plaintiff’s vehicle destroyed by the instant accident on February 16, 2015, upon delegation by A, to the automobile maintenance business office. A paid 2,000 won for the remainder repair cost of KRW 982,00,00, which was reduced by the automobile maintenance business office. A paid 980,000 to the automobile maintenance business office.

The Defendant’s claim for damages against the Defendant was filed by the Seoul Central District Court No. 2015da483420, the Seoul Central District Court (hereinafter “Seoul Central District Court”), and the said court against the Defendant on April 8, 2016, KRW 980,000, respectively.

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