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(영문) 부산지방법원 2017.01.20 2016나48713
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

Judgment of the first instance.

Reasons

1. Basic facts

A. The Defendant and B entered into an automobile insurance contract with the insured for forky car (hereinafter “the instant forky car”) from August 30, 2012 to August 30, 2013 with respect to the insured for forky car sales (hereinafter “the instant forky car”).

(hereinafter referred to as “the instant insurance contract”). (b)

A worked for approximately 10 years as a driver in D', operated by B, for about 10 years, and transferred the instant vehicle from B on January 6, 2013 to KRW 35 million.

(hereinafter referred to as “instant transfer”). (c) The instant transfer

A, around 14:55 on February 20, 2013, operated the instant vehicle, and moved back to a road in front of the transformation room located in Sungwon-dong Sungwon-dong 58-2, Sungwon-dong, Sungwon-gu, Sungwon-si (hereinafter referred to as “Seoul-si”), in order to enter the road in front of the transformation room. due to the steel loaded on the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the

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

The Plaintiff recognized the instant accident as an occupational accident, and paid the insurance benefits to the deceased E’s spouse.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 7, Gap evidence 9, Eul evidence 1, 3 and 5 (including paper numbers), the testimony of witness B of the court of first instance, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion B transferred the name of the instant car owner to A during the term of the instant insurance contract, but continued to maintain the operation control and operation profit of the instant car owner until the instant accident occurred, and thus, the Defendant is obliged to pay the insurance proceeds for the instant accident.

B. Although the Defendant’s assertion B transferred the instant vehicle to A during the insurance contract period, the Defendant did not notify the Defendant thereof. Therefore, the Defendant is the transferee pursuant to Article 726-4(1) of the Commercial Act.

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