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(영문) 서울중앙지방법원 2016.05.24 2014가단5206948
구상금
Text

1. Defendant A and Selection C jointly and severally with the Plaintiff KRW 6,424,752 as well as the aforementioned amount from November 15, 2012 to May 24, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with Nonparty D, which contains a special clause that covers a non-life-free motor vehicle insurance policy with respect to the E-vehicle owned by Nonparty D (hereinafter “Plaintiff-Motor vehicle”).

Defendant C is the owner of Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “the instant two-wheeled vehicle”) only covered by liability insurance, and the owner of “H” located in G in 1000. G (hereinafter “the instant two-wheeled vehicle”). Defendant B is the husband of Defendant C, and Defendant A is the employee of the instant two-wheeled vehicle, who driven the instant two-wheeled vehicle as the employee of the instant two-wheeled vehicle.

B. At around 19:00 on October 2, 201, Defendant A driven the instant two-wheeled vehicle, and proceeded ahead of the instant two-wheeled vehicle at the Yecheon-si University at the Ycheon-si Police Station at the Ycheon-si Police Station, Defendant A shocked the victim I, who was crossinged the road to the left side from the right side of the proceeding direction to the right side of the road without permission.

(hereinafter “the instant accident”). Due to the instant accident, I suffered injury, such as the so-called the so-called “fash abandonment fashing on the left-hand part, for about ten weeks of medical treatment.”

C. From May 16, 2012 to November 14, 2011 of the same year, the Plaintiff paid KRW 33,366,060,00 in total, as insurance money according to the special agreement for securing a non-life-free motor vehicle injury, and paid KRW 30,00,000,000 for 33,216,06,000 as the insurance money under the special agreement for securing a non-life-free motor vehicle injury. On November 5, 2012, the Plaintiff paid 30,000,000 for the agreed amount, such as solatium, and thereafter returned KRW 42,195,200 from Samsung Fire around November 30, 2012.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1 and 6 evidence, the purport of the whole pleadings

2. Determination as to the Plaintiff’s claim against Defendant A and C

A. According to the above fact of recognition of the liability for damages, the accident of this case occurred due to negligence, such as Defendant A’s violation of the duty of ex officio investigation, etc., and Defendant A is a tort, and Defendant C is an employer of Defendant A.

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