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(영문) 서울중앙지방법원 2018.01.16 2017나49098
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

1..

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid entity that entered into a mutual aid agreement on the instant vehicle (hereinafter “instant vehicle”) with Arench Bascar Co., Ltd. (hereinafter “Arench Bascar”), and B, a rental vehicle (hereinafter “A”), and Erench 1 driver was designated as C, respectively, and leased the instant vehicle to Epipian Co., Ltd. (hereinafter “Nurlon”).

B. Around 23:00 on July 23, 2015, the Defendant driven the instant vehicle and changed the four-lane road near the Suwon-gu, Suwon-si into the four-lane road while driving the instant vehicle along the three-lane, and caused the injury to E by shocking the instant vehicle into the instant vehicle and driving on the four-lane road near the Suwon-gu, Suwon-si.

(hereinafter “instant accident”).

C. The K non-life insurance Co., Ltd. (hereinafter “K non-life insurance”) concluded a comprehensive insurance contract with the defendant's substitute driver and the insured to compensate the insured's loss caused by the insured's accident from the time they were entrusted with the insured motor vehicle to the time they were delivered to the borrower after going through ordinary proxy driving process, but in the case where the personal compensation can be paid as the liability insurance for automobile accident compensation under the Guarantee of Automobile Accident Compensation Act (including the personal compensation I, the liability mutual aid and the government security business), and the automobile handler's special terms and conditions included the amount of the liability insurance to compensate the damages such as the personal compensation (the personal compensation II) and the personal compensation (including the personal compensation). After paying the insurance money equivalent to the medical expenses of the E from the accident of this case to the plaintiff according to the above insurance contract, the plaintiff claimed for reimbursement of the amount equivalent to 800,000,000

On June 27, 2016, the Plaintiff paid KRW 800,000,00 for indemnity and office management expenses for the case non-life insurance.

E. On the other hand, the objection between Ethalian and Ethalian.

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