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(영문) 수원지방법원 2014.10.08 2013가단98549
구상금등
Text

1. Defendant A and ELA Co., Ltd. are liable for damages insurance amounting to KRW 60,000,000 for each of the Plaintiff, and on October 8, 2013.

Reasons

1. Basic facts

A. Under the Guarantee of Automobile Accident Compensation Act, the Plaintiff is an insurer entrusted by the Minister of Land, Transport and Maritime Affairs with duties concerning compensation for victims of automobile accident compensation business and vicarious exercise of the right to claim compensation for damages, and the Defendant A is an insurer who has concluded an automobile insurance contract with the Defendant A as the insured.

B. On June 17, 2013, at around 15:48, the network E driven the instant Otoba owned by the Defendant under a license without permission, and caused an accident (hereinafter “the instant accident”) that shocked by shocking the road boundary by side seat while driving the Otoba owned by the Defendant and driving the instant Otoba, which led to the death of the network F, which was on board the instant Obaba.

C. On October 7, 2013, the Plaintiff, as an entrusted insurer of the Guarantee of Automobile Accident Compensation Business, paid the sum of KRW 100 million for hospital treatment expenses, etc. to the bereaved families of the deceased F.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4 (including a tentative number), Eul evidence 1-1, the purport of the whole pleadings

2. Determination as to the claim against Defendant A and ELA Co., Ltd.

A. (1) According to the above facts of recognition, Defendant A is the owner and operator of the Oral Ba in this case, and Defendant A is liable for damages suffered by each of the insurance companies which concluded an insurance contract with the instant Oral Ba in relation to the Oral Ba in this case. The Plaintiff acquired by subrogation the right to claim damages against the Defendants in the networkF by compensating for the damages to the networkF. Thus, the above Defendants are liable to pay the amount of indemnity to each of the Plaintiff.

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