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(영문) 서울중앙지방법원 2019.05.31 2016가단69599
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer entrusted with the business of guaranteeing motor vehicle accident compensation by the Government pursuant to Article 45 of the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”) and an insurer that entered into a comprehensive motor vehicle insurance contract with C.

B. C around July 18, 2015, around 20:20, Kimpo-si, Kimpo-si, 447-4, the pedestrian crossing was cut off according to the pedestrian signal at the front crossing of the new post-high speed.

The Defendant was driving the above Oral Ba on the back of registered Oral Ba (hereinafter referred to as the “Oal Ba”), driving the Oral Ba, and driving the four-lane of the four-lane road from the above Cal oal gate to the reinforcement bank in Seoul at the above Cal gate, at approximately 50 to 60 km speed.

On the other hand, the Defendant caused the instant accident on the offland of the instant case (hereinafter referred to as the “instant accident”) where the Defendant, by negligence in violation of the suspension signal, continued to collapseed at the crosswalk as indicated in the attached site map.

C. C was injured by the instant accident, i.e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e.

On May 27, 2016, the Plaintiff paid a total of KRW 123,340,840 to C with the agreed amount due to the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 9 (if there are provisional numbers, including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 3 through 5, and 8, the purport of the whole pleadings

2. Determination as to the cause of action

A. The amount of KRW 123,340,840 paid by the Plaintiff to C is the amount which includes the amount of compensation according to the terms and conditions of the comprehensive automobile insurance contract concluded with C, and the amount of compensation paid within the limit of the insurance amount of the liability insurance as a motor vehicle accident compensation business under the Private Liability Act.

Of the above agreed amounts, the Plaintiff’s Inheritance and Distribution Act.

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