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(영문) 대구지방법원 2017.11.24 2016가단113471
구상금
Text

1. Defendant A’s KRW 36,418,70 and the Plaintiff’s annual rate of KRW 5% from May 10, 2016 to May 5, 2017.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with Nonparty D on the E-Licensed money (only called the damaged vehicle) owned by it. Defendant A is an insurer who has concluded an automobile comprehensive insurance contract with Nonparty D on the vehicle quantity (only the damaged vehicle) and Defendant A is an insurer who has leased the G K5 vehicle quantity (hereinafter only referred to as the “fluor vehicle”) borrowed from Nonparty F from Defendant Triuri Port Co., Ltd. (hereinafter referred to as Defendant Triuri Port; hereinafter referred to as Defendant Triuri Port) during the operation of the vehicle from the above F and caused a traffic accident. Defendant Triren car is the owner of the damaged vehicle, and Defendant C non-life insurance (only the Defendant insurance company) is the insurer who entered into an automobile comprehensive insurance contract with the Defendant Triren Pluter.

B. Around 01:40 on November 25, 2015, Defendant A driven a sea-going vehicle and caused an accident to shocked the damaged vehicle parked in the I coffee shop parking lot located in the opposite Hamk-si, Hamk-si, the center line of the vehicle, while driving on the B-dong B-dong B-dong B-on the B-dong B-dong B-on the B-dong B-on-west side of the B-dong B-ray. (hereinafter referred to as the instant accident only)

C. On May 9, 2016, the Plaintiff paid KRW 36,418,700 to the said D as damages incurred from the damage of the damaged vehicle.

[Ground of recognition] Unsatisfy and described in Gap evidence 1 to 5 (including paper numbers; hereinafter the same shall apply)

2. The assertion;

A. The Plaintiff’s assertion is a tort causing the instant accident, and Defendant A is the owner of a sea-going vehicle, and the Defendant Insurance Company is jointly and severally liable for damages arising from the damage of the said D’s damaged vehicle due to the instant accident, as the insurer that entered into a comprehensive automobile insurance contract with the Defendant Tplren Aircraft, and is jointly and severally liable for damages. As such, the Plaintiff is the insurer under the said comprehensive automobile insurance contract entered into with the said D, the Plaintiff is liable for damages against the Defendants in accordance with the insurer’s subrogation doctrine under Article 682 of the Commercial Act.

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