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(영문) 수원지방법원 2020.01.16 2019나71349
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract including a special contract for indemnity by an uninsured motor vehicle with the term “insured: E: Insured motor vehicle for private use (F), insurance period: from May 8, 2017 to May 8, 2018: Security Matters: the insurer who entered into a contract for indemnity with the insurer with the term “uninsured motor vehicle with the personal indemnity amounting to KRW 200 million; and the terms and conditions of the special contract for indemnity security provide that, when the Plaintiff paid the insured motor vehicle as compensation for losses caused by an uninsured motor vehicle, the insured may obtain a claim for indemnity against the obligor for indemnity within the limit of the insurance amount paid, and exercise it in subrogation.

Meanwhile, the defendant set the insurance period from April 21, 2017 to April 21, 2018, as G Co., Ltd. (hereinafter "G"): the owner of the defendant's vehicle (hereinafter "the defendant's vehicle") and the "insured: the insured: G and the limit on compensation: the amount of damages for the operation of G: 300 million won per accident (annual limit of KRW 1 billion); and the business compensation insurance contract of this case (hereinafter "the insurance contract of this case") with the content that the defendant will take over the insurance contract of this case where the defendant is liable for damages to others in relation to the operation of G.

is an insurer which has entered into a contract.

B. At around 23:20 on March 19, 2018, E was shocked on the back part of the Defendant’s vehicle, which was placed in the I Logistics Center for the work to load and unload the goods within the area of the wife population H, G, which was located in G, and the accident occurred that was shocked to perform the work to load and unload the goods requested by I.

hereinafter referred to as the "accident of this case"

. 다. 이 사건 사고로 인하여 E는 대퇴의 열린상처, 무릎뼈의 골절 등의 상해를 입고서 J병원으로 후송되어 치료를 받았고, 원고는 2018. 6. 20.부터 같은 해

8. Between December 28, 200, E paid KRW 23,271,890 as insurance money under the above insurance coverage agreement in accordance with the insurance coverage agreement.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, and Eul 1.

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