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(영문) 부산지방법원 2015.11.24 2014가단51745
구상금
Text

1. The Defendant’s KRW 13,253,373 as well as the Plaintiff’s annual rate from June 24, 2014 to November 24, 2015.

Reasons

1. Facts of recognition;

A. On January 21, 2014, at around 22:05, the Defendant: (a) operated D B-be-cracked vehicles (hereinafter “Defendant vehicles”) which are non-insurance vehicles parked at the same place in order to go to the restaurant located in Busan Jin-gu, Busan; (b) did not properly look at the rear; and (c) shocked the part on the right side of E, which was left on the road to cut off the crosswalk as the back end part of the Defendant vehicle (hereinafter “instant accident”); (d) thereby, E suffered injury, such as a side kne-ray on the right side in the direction of the direction.

B. From August 5, 2013 to August 5, 2014, with respect to F and G vehicles, the Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract that includes a special contract for accident compensation with the insured amounting to KRW 200 million E, and is entrusted with the automobile accident compensation guarantee business of the State as stipulated in Article 30 of the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”). According to the terms and conditions, the foregoing non-life insurance special contract includes the fact that the insured is paid the insurance money within the limit of KRW 200 million if he/she dies or is injured by an accident caused by an non-life insured vehicle. In the event that the insured has paid the insurance money, the insured has acquired by subrogation the right of a third party.

C. The Plaintiff paid KRW 4,766,150 in total with medical expenses and agreed amount, etc. from April 21, 2014 to June 23, 2014, according to the foregoing non-insurance coverage special agreement, and paid KRW 20,608,210 in total with medical expenses and agreed amount, etc. on June 19, 2014 and June 20, 2014 as an entrusted business operator of the automobile accident compensation guarantee business as prescribed by the Voluntary Act. Each of the above amounts is deemed to have been paid appropriately in accordance with the respective provisions of the Non-Insurance Injury Security Special Agreement and the Distribution Act.

[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 through 4.

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