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(영문) 서울중앙지방법원 2017.09.22 2017나27074
구상금
Text

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

Reasons

1. In fact, the Plaintiff is an insurer who has entered into an automobile insurance contract with respect to B and C with respect to which the insured is the parents and children of B and their spouses, B or their spouses, and which includes a special contract for injury security by an non-insurance motor vehicle.

On June 25, 2015, the Defendant driven D vehicles (hereinafter referred to as “Defendant vehicle”) around 1:35 on June 25, 2015, and brought to the left pursuant to the new subparagraph at the intersection of the Fhanwon apartment located in Yeonsu-gu Incheon Metropolitan City, the Defendant shocked the G (B’s mother) where the crosswalk was opened to the right side from the left side of the progress direction of the Defendant vehicle to the front part of the Defendant vehicle.

After paying KRW 41,816,360, such as G medical expenses incurred until February 29, 2016, Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Modern Marine Fire Insurance Co., Ltd.”) (hereinafter “Modern Marine”) (hereinafter “Modern”) had paid KRW 41,816,360, after deducting KRW 10,00,000, the liability insurance amount of the Defendant vehicle’s vehicle. As to the remaining KRW 31,816,360, G’s, according to each automobile insurance contract entered into by its children, the amount of KRW 25% for each of the four insurance companies, including the Plaintiff, according to the special agreement on coverage by the non-life insurance.

Accordingly, on March 30, 2016, the Plaintiff paid KRW 7,954,090 to Hyundai Sea according to the special agreement for coverage by an uninsurance motor vehicle.

According to the terms and conditions of the plaintiff's automobile insurance contract, if an insurance company pays insurance money or damages to the insured or claimant for damage in accordance with the special agreement on accident security by non-insurance vehicles, the right of the insured to the third party shall be acquired within the scope of insurance money or damages. However, if an insurance company compensates part of the insured's damages, it shall be acquired to the extent

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, and Eul evidence Nos. 1 through 8.

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