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(영문) 서울중앙지방법원 2017.02.09 2016가단5139813
구상금
Text

1. The Defendants jointly share KRW 3,847,260 with respect to the Plaintiff and KRW 5% per annum from April 26, 2016 to February 9, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an automobile insurance contract with C with respect to D vehicles owned by C, and the said contract includes a non-insurance motor vehicle injury security special agreement with C’s husband as the insured (hereinafter “instant special agreement”).

Defendant A is the driver of F vehicle (hereinafter referred to as “Defendant vehicle”), and Defendant B is the owner of the Defendant vehicle.

B. On August 28, 2014, at around 21:39, E driven the opposite street in front of the H in Young-gun G with a bicycle riding along a bicycle and entered the opposite street in the Young-gun with a view to the direction from the Young-gun G, and there was an accident that is shocking the rear part of the above bicycle on the front part of the Defendant’s vehicle of the Defendant A driver who was going behind the same direction-setting line (hereinafter “the instant accident”), and suffered injury, such as brain dust, fluoral salt, damage to the surrounding land, damage to the fluoral surface near the upper part of the front part of the Defendant’s vehicle of the Defendant A driver who was following the same direction-setting line (hereinafter “the instant accident”).

C. According to the instant special agreement, the Plaintiff paid A total of KRW 27,118,150 to April 25, 2016 with medical expenses and the agreed amount, and returned KRW 5,000,000 from the Hyundai Marine Fire Insurance Co., Ltd., a liability insurer for the Defendant’s vehicle to return KRW 27,118,150.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 6 evidence, Eul 2, 4 and 5 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above recognition of the occurrence of the right to indemnity, Defendant B is the owner of the Defendant vehicle, and the Defendant A is liable to compensate for the damages suffered by E due to the instant accident, and the Plaintiff paid the insurance money to E under the instant special agreement, and discharged the Defendants within the scope of the amount. The insurance money paid by the Plaintiff is recognized as an amount within the reasonable scope of damages of E, barring special circumstances. Thus, the Defendants jointly paid to the Plaintiff and the insurance money paid by the Plaintiff, barring special circumstances.

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