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(영문) 수원지방법원 2019.11.21 2018나11050
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

Reasons

1. The basic facts of the claim (1) The plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with the non-party limited liability company C (hereinafter referred to as the "non-party limited liability company"), which is the insured, with respect to the Drosber vehicle owned by the non-party limited liability company C (hereinafter referred to as the "non-party limited liability company"), and the defendant is the owner of Erosar

(2) The non-party F is registered as the representative director of the defendant, the non-party G, and the non-party H, who are the husband of F, respectively, as the defendant's director (H is in charge of duties such as vehicle operation instructions and operations, and F is in charge of the financial affairs, etc. of the defendant) and the non-party I is registered as the defendant's auditor.

On the other hand, H is registered as the representative director of the non-party company, G, and F as the director of the non-party company, and the non-party J is registered as the auditor of the non-party company.

(B) On May 8, 2006, the Plaintiff Company was established on May 1, 2006 for the purpose of manufacturing and selling ready-mixed, and the location of the company is North KoreaK, and the Defendant was established on May 13, 201 for the purpose of a business similar to the non-party Company, and its location is the non-party Company’s Jeonbuk L.). (3) The Defendant’s employee received the Plaintiff Company, while driving the Defendant’s vehicle at the non-party Company’s place of business around November 13, 2017, was parked in the Plaintiff Company’s place of business while driving the Defendant’

(2) On March 30, 2018, the Plaintiff paid the repair cost of KRW 29,905,870 on behalf of the non-party company (insurance money for own vehicle damage) on behalf of the non-party company.

(4) Article 34 (Subrogation Provisions) of the Insurance Terms and Conditions applicable to the Plaintiff’s vehicle (hereinafter “Insurance Terms and Conditions”) is a case where the Plaintiff, the insurer, has paid the insurance money or damages to the insured or the claimant.

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