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(영문) 대전지방법원 2019.03.27 2016가단228007
구상금
Text

1. Defendant B’s KRW 52,292,850 as well as 5% per annum from October 6, 2016 to January 26, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract (hereinafter “instant insurance contract”) containing a non-insurance coverage agreement (hereinafter “non-insurance coverage agreement”) with the insured as to the E-owned vehicles (hereinafter “non-insurance coverage agreement”).

B. At around 09:30 on April 5, 2016, Defendant B operated a 1.2 ton small trucker (hereinafter “instant trucker”) that did not subscribe to automobile insurance within the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “instant factory”) (hereinafter “instant factory”) and performed the work of loading and unloading the paper for which D used a truck and transported to the above location. While Defendant B was carrying the instant truck to the above location, Defendant B was in the process of loading and unloading the paper of the instant trucking trucking engine without fully entering the string of the string of the instant trucking engine, and she covered D’s left side bridge by emphasizing the weight-centered of the paper divers, focusing on the weight of the paper dives on which it was on the string.

(hereinafter “instant accident”). C.

D due to the instant accident, D suffered injury, such as the complete wave, which is a side side side of the left-hand slot, the left-hand slot, the complete wave, etc.

D from April 5, 2016 to the same year

6. From May 30, 2016 to October 5 of the same year, the Plaintiff paid D insurance money equivalent to KRW 52,292,850 in total in accordance with the instant insurance contract’s non-insurance coverage agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 11, 14, 15, 21, Eul evidence Nos. 6 (including each number, if any) and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the occurrence of liability for damages and acquisition of the insurer’s right of subrogation, Defendant B, by manipulating the instant vehicle and making it possible for Defendant B, to have the instant car on the ground of a different paper from that of the arms.

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