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(영문) 서울중앙지방법원 2019.11.06 2018가단5140954
구상금
Text

1. The Defendant: 5% per annum from March 27, 2019 to November 6, 2019 for the Plaintiff and the following:

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with C as to D vehicles.

The above insurance contract includes a special contract for compensating for damage, such as injury, etc., caused by an insured motor vehicle, to KRW 200 million per person, and the insured of the above special contract includes E referred to as a named insured C.

B. On January 22, 2016, at around 17:55, the Defendant driven a F-wheeled Vehicle (hereinafter “Defendant vehicle”) and driven a front bicycle road of G from the H room to the gold hill station at the time of sowing, the Defendant shocked E who was entering the bicycle lane by riding a bicycle and riding a bicycle.

(hereinafter referred to as “instant accident”). The instant accident suffered injury, such as cerebral cerebrovassis, in which details are unknown.

C. The Plaintiff paid KRW 191,969,410,00 as insurance money (hereinafter “the instant insurance money”) until March 26, 2019, for the medical expenses, etc. incurred by the Defendant vehicle that was not covered by the Large Compensation II, in accordance with the special agreement on indemnity against non-insurance vehicles.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 5, 6, 8, 12, 13 evidence, Eul 6 evidence and the purport of the whole pleadings and arguments

2. The Plaintiff’s assertion has acquired the right to claim damages against the Defendant E within the scope of the amount by subrogation of the insurer by paying the instant insurance proceeds. As such, the Plaintiff’s claim for part of the insurance proceeds paid by the Plaintiff, 182,020,840 won, excluding the amount of indemnity already received from the Defendant and the Defendant’s liability insurer, and damages for delay.

3. Determination

A. Comprehensively taking account of the overall purport of the arguments in the first instance of the occurrence of liability for damages, the Defendant is not deemed to have properly entered the Defendant’s vehicle, which is prohibited from driving along a bicycle-only lane, along with a bicycle-only lane, to enter the bicycle-only lane.

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