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(영문) 부산지방법원 2018.06.21 2017가단332377
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 44,091,540 and the interest rate of KRW 15% per annum from November 14, 2017 to the date of full payment.

Reasons

1. The following facts of recognition may be acknowledged either in dispute between the parties or in full view of the entries in Gap evidence 1 to 8, Eul evidence 1 and 2 and the whole purport of pleadings:

On April 5, 2014, at around 17:20, the Defendant driven Oba C (hereinafter “Defendant Oba”), and changed the course from the two-lanes to the one-lanes of the two-lanes of the front road of the E company located in Haba-gun in Gyeongnam-gun, the Defendant: (a) caused the collision between the left-hand side of the Defendant Oba and the two-lanes of the F driver’s GOba (hereinafter “accident Oba”) and the right-hand side of the F driver’s GOba (hereinafter “Oba”), where the said one-lanes

(hereinafter “instant accident”). B.

The Plaintiff concluded a comprehensive automobile insurance contract with the Defendant’s child from March 2, 2014 to March 2, 2015, with respect to the insurance period, which covers an influent injury, etc. on the H and I vehicles, from March 2, 2014 to March 2, 2015. In addition, the Plaintiff concluded a comprehensive automobile insurance contract with the J and K vehicles, which covers an influent injury, etc. on other children.

C. The Defendant suffered injury to cerebrovascular, etc. due to the instant accident, and the Plaintiff paid an amount equivalent to KRW 44,091,540 as medical expenses according to the said insurance covered by H and J. D.

Meanwhile, L Co., Ltd. is an insurer who concluded an automobile insurance contract with respect to the Defendant’s deceptive M&N vehicles. From November 18, 2014 to December 16, 2015, in accordance with the provision on allocation of duplicate insurance with respect to automobile insurance, to the Plaintiff totaling KRW 12,736,88 (an amount equivalent to 1/8 of the amount paid by the Plaintiff to the Defendant) under the provision on allocation of duplicate insurance with respect to automobile insurance, and received a favorable judgment in the first instance court, which was proceeding by public notice, after filing a lawsuit against F seeking the payment of the said indemnity against F (Seoul District Court Decision 2015No10854 decided Apr. 21, 2016), and received a judgment against F on the grounds that F was not negligent (Seoul District Court Decision 2016Na57264 decided May 11, 2017), and the final appeal against this was dismissed.

Supreme Court Decision 200

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