(영문) 서울중앙지방법원 2018.05.24 2017나60187

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.05.24 2017나60187

구상금

Text

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

Reasons

1. The reasons for this part of the facts of recognition are as follows, and this part of the judgment of the court of first instance is identical to the corresponding part of the judgment, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 2 7 "Automobiles General Insurance" (hereinafter referred to as "the insurance contract of this case") shall be added.

Part 3 1 to 2 " has been paid" as follows:

“C filed a claim for insurance proceeds against the Plaintiff on August 29, 2014, based on the special agreement on non-life-free motor vehicle injury. On the basis of the foregoing, the Plaintiff calculated the following insurance proceeds to C and paid KRW 45,00,000: 1,672,00 [1,760,000 (based on the conversion rate of 6.51%) x 95%]: 152,00 won (=8,000 won x 20 days x 95%) x 9,047,678 won for non-life-free motor vehicle injury (i.e., 3,759, 4230 x 95 x 95 x 95 x 95 %) 34,57,579 x 3,423 x 29 x 29 x 293.75 x 375 x 375 x 37575 x 1757.7.7.7.7.

Part 3 6 shall add to the following:

D. According to the terms of the instant insurance contract, the payment of insurance proceeds under the instant insurance contract shall be as set out in Appendix 1, as set out in Appendix 3.6 (Reasons for Recognition).

2. Determination on the liability for damages and the occurrence and scope of the right of indemnity

A. The insurer of a special contract for indemnity by subrogation of an insurer is not taking over risks based on the actual amount of damages of the insured, but is limited to the amount calculated according to the standard for payment of insurance money stipulated in the ordinary terms and conditions. Therefore, in cases where an insurer who has entered into a special contract for indemnity by an insured motor vehicle pays insurance money to the insured, the scope of the insurer’s vicarious exercise of the right to claim compensation against the insured pursuant to the proviso of Article 729 of the Commercial Act

참조조문

-민사소송법 제420조

-상법 제729조

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