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(영문) 대구지방법원 2015.08.27 2015나302114
구상금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

3. The decision of the court of first instance is made in paragraph (2); and

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with C and DBK vehicle (hereinafter “victim 1”) and with E and F C and F lux vehicle (hereinafter “victim 2”) with each insured vehicle.

B. B (Co-Defendant in the first instance trial) is an insured person of the comprehensive automobile insurance contract that Defendant Matz fire and marine insurance Co., Ltd. (hereinafter “Defendant Matz fire”) concluded with the term of insurance from November 4, 2013 to November 4, 2014 (hereinafter “instant insurance contract”).

C. On November 27, 2013, Defendant A, with the consent of the vehicle operation from B, was driven by a vehicle while driving the vehicle under a license without permission on November 27, 2013 and stopping the vehicle in front of the home fluor permanent residence store in the permanent city. As a result, the damaged vehicle 1 and the damaged vehicle 2, which were parked next thereto, caused an accident that would be damaged to the extent that the repair cost of KRW 8,508,00 is required (hereinafter “instant accident”).

On January 2014, the Plaintiff paid KRW 2,938,00,000 as insurance money to C, the insured of the damaged vehicle 1, as the amount equivalent to the market price due to the total loss, and on April 8, 2014, paid KRW 8,508,00 as insurance money to each repair business entity.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, each entry of the court of first instance, the fact inquiry results of each fact inquiry into the police station and the permanent fire station of the first instance, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the accident of this case was caused by Defendant A’s negligence. As such, Defendant A, as an illegal person, Defendant Matz fire, as an insurer of the sea-going vehicle under the insurance contract of this case, shall be deemed to have occurred to the above C and E.

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