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(영문) 수원지방법원 2020.12.23 2020나51327
구상금
Text

Of the judgment of the first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant shall make the plaintiff 21,460.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a comprehensive automobile insurance contract as an insurance company running a non-life insurance business, and concluded a comprehensive automobile insurance contract with D and E automobiles as insured, D as insured, and the insurance period from July 11, 2015 to July 11, 2016 (hereinafter “instant insurance contract”).

The contents of the instant insurance contract include a special contract for injury security (hereinafter “instant special agreement”) with non-insurance vehicles which set the purchase amount of insurance at KRW 200,000,000.

According to the instant special agreement, the F.D’s reference is also the insured.

B. On August 1, 2015, the Defendant, at around 09:30, driven a G car (hereinafter referred to as “franchising vehicle”) and discovered the F’s non-registered 4-wheeled off-to-land (hereinafter referred to as “motor vehicle damage”) which was put forward in the direction of Ansan-si I-dong in the direction of Ansan-si, and caused an accident that would inflict an injury on F by shocking the back portion of the damaged motor vehicle into the front part of the franchising of the damaged motor vehicle (hereinafter referred to as “instant accident”).

C. The Plaintiff paid insurance proceeds to F in relation to the instant accident, the Plaintiff paid insurance proceeds of KRW 117,703,640 (treatment costs).

1) K Co., Ltd. (hereinafter referred to as “K”) shall pay the insurance proceeds and contributions of K Co., Ltd.

(F) also seems to be an insured person of the foregoing Special Agreement as a license for an insured passenger (F)

(2) As to the instant accident, K paid KRW 45,247,980 insurance proceeds to F (i.e., KRW 42,936,740, KRW 2,311,240,00). (ii) K paid KRW 68,610,270,00 in total to the Plaintiff, who is a double insurer with a special contract for the coverage of injury by an uninsurance motor vehicle related to the instant accident, as the share of the Plaintiff on March 27, 2019.

E. The Defendant who received the repayment from J Co., Ltd. is the Defendant.

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