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(영문) 서울중앙지방법원 2019.11.07 2018나74701
구상금
Text

1. All appeals filed by the defendant (appointed party) and the appointed party C are dismissed;

2. The costs of appeal are assessed against the defendant (appointed party) and the defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an insurance contract for a personal motor vehicle including a special agreement on indemnity for an insured motor vehicle in lieu of a person liable to compensate for an insured motor vehicle where the insured person and his/her family members suffered an injury by an insured motor vehicle with D and E (hereinafter “Plaintiff motor vehicle”).

B. The Defendant is an operator of FF vehicle (hereinafter “Defendant vehicle”), and the Selection C is the spouse of the Defendant.

C. At around 18:55 on February 10, 2018, the Appointor C, while driving the Defendant’s vehicle with a license without a license, forced the Plaintiff’s vehicle driven by H, the spouse of D, who was the spouse of D, who was the spouse of D, who was going to turn to the left pursuant to the Madar signals, while going straight down by violating the signal at the intersection near

(hereinafter “instant accident”). The instant accident led to the injury of H and I who was a driver of the Plaintiff’s vehicle. D.

Under the above insurance contract, the Plaintiff paid KRW 4,189,680 as the H’s non-insurance premium amount of KRW 5,240,770, and the I’s non-insurance premium amount of KRW 4,189,680, respectively, and returned KRW 1,300,380 from the J, the Defendant’s liability insurer.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts, the accident in this case occurred due to the former negligence of the Appointer C, who is the driver of the defendant vehicle, and the defendant is liable to compensate for the damage caused by the accident in this case as the operator of the defendant vehicle, barring any special circumstance, the defendant and the Appointer C are jointly obligated to pay 8,130,070,070 won, which remains after deducting the amount of KRW 1,30,380,000 returned to the plaintiff from the total amount of KRW 5,240,770 and KRW 4,189,680, and KRW 9,430,450, which was returned by the plaintiff due to the accident in this case.

In this regard, the defendant shall be the insurance money only the amount calculated according to the payment criteria of the insurance money.

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