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(영문) 대전지방법원천안지원 2015.10.20 2015가합628
구상금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The pertinent Plaintiff is an insurer who entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with Nonparty C, which includes a non-life-free special agreement on D vehicles.

Defendant A is the owner of the vehicle E (hereinafter referred to as “Defendant vehicle”), and Defendant B is the driver of the Defendant vehicle at the time of the accident deemed below.

In the event of the instant accident, around 17:15 on March 26, 2012, Defendant B driven the Defendant’s vehicle parked in the underground parking lot of the building in Asia-si on an Asan city, and there was an accident that the front part of the Defendant’s vehicle faced with the front part of the Defendant’s vehicle that was parked immediately after the Defendant’s vehicle (hereinafter “instant accident”), and at the time, C was on board the driver’s seat of the said vehicle.

At the time of the instant accident, the Defendant’s vehicle was not covered by mandatory insurance as stipulated by the Guarantee of Automobile Accident Compensation Act, and the Plaintiff paid KRW 10,243,330 to C with medical expenses, etc. based on a non-insurance accident security agreement from October 18, 2012 to December 17, 2014.

[Grounds for recognition] In the absence of dispute, the Plaintiff asserts that the Plaintiff is jointly and severally liable for damages incurred by Defendant B, the driver of the Defendant vehicle, and Defendant A, the owner of the Defendant vehicle, are liable for compensating for damages incurred by the instant accident, and the Plaintiff, the insurer of the Plaintiff, who paid the insurance money, acquired the right to compensate for damages incurred by the Defendants pursuant to the main sentence of Article 682 of the Commercial Act, barring any special circumstance. Thus, the Defendants are jointly and severally liable for compensating the Plaintiff for damages incurred by the Plaintiff and its delay damages.

As to this, the defendants are very minor accidents, and C suffered injuries due to the accident of this case.

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