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(영문) 서울중앙지방법원 2018.08.20 2018나5071
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer entrusted by the Minister of Land, Infrastructure and Transport with the business of guaranteeing motor vehicle accident compensation under the Guarantee of Automobile Accident Compensation Act (hereinafter “Motor Vehicle Accident Compensation Act”).

B. On August 26, 2012, at around 23:25, the Defendant: (a) driven a B-to-be vehicle not covered by liability insurance (hereinafter “Defendant vehicle”); (b) driven a two-lane road in Scheon-si C, one-lane road, which is located in Scheon-si C, in the direction of the Government in the direction of the city in Scheon-si; (c) driven the crosswalk by violating the signal, while driving the two-lane road in the direction of the Government in the direction of Pocheon-si; and (d) obstructed the Defendant vehicle crossing

(hereinafter referred to as “instant accident”). C.

The Plaintiff, as an insurer entrusted with the business of guaranteeing motor vehicle accident compensation by the Government in accordance with the Automobile Loss Compensation Act, filed a claim for the payment of compensation for damage on the ground that the Defendant Motor Vehicle is an uninsured motor vehicle and paid KRW 23,172,290 in total the compensation for damage, including medical expenses, to D until August 18, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, fact-finding results to the police station of the court of first instance, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is liable to compensate D for damages caused by the instant accident as a driver of a sea-going vehicle, and the plaintiff paid KRW 23,172,290 in total to D as compensation for damages arising from the Guarantee of Automobile Accident Compensation Business. Accordingly, the plaintiff can exercise the right to claim damages against D against the defendant within the extent of the amount paid by the plaintiff.

Therefore, the defendant, as to the plaintiff's total amount of compensation for damages paid to D, KRW 23,172,290, and as to the above, from August 19, 2016, the date following the plaintiff's final payment date of compensation for damages, dispute over the existence or scope of the defendant's duty of implementation from August 20, 2018, which is the date of this decision, 5% per annum under the Civil Act until August 20, and the next day.

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