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(영문) 울산지방법원 2015.11.24 2015가단54416
구상금
Text

1. From April 28, 2015 to August 28, 2015, the Defendants jointly committed against the Plaintiff with KRW 100 million and the Defendant A with respect thereto.

Reasons

1. Basic facts

A. The Plaintiff is a guarantor who is entrusted with the business of guaranteeing motor vehicle accident compensation by the Minister of Land, Infrastructure and Transport under the Guarantee of Automobile Accident Compensation Act. 2) Defendant A is the owner of the instant motor vehicle C (hereinafter “instant motor vehicle”), and Defendant B is the driver of the said motor vehicle.

B. On January 25, 2015, Defendant B: (a) driven the instant vehicle on or around 2:20 on January 25, 2015, resulting in an accident of motor vehicle that caused the death of Defendant B by taking the F, who opened the crosswalk from the right side of the proceeding direction to the right side of the Gyeongsung University while driving ahead of the instant vehicle in Busan Southern-gu to the large distance (hereinafter “instant accident”).

(2) The instant vehicle did not subscribe to liability insurance or liability mutual aid as stipulated under Article 5(1) of the Guarantee of Automobile Accident Compensation Act at the time of the instant accident.

3) On April 27, 2015, the Plaintiff paid KRW 100 million to F’s heir as compensation for the Guarantee Business of Automobile Accident Compensation.

(a) Against Defendant A: Article 208(3)3 of the Civil Procedure Act (a)

(b) Against Defendant B: Facts without any dispute, entries in Gap evidence 1 through 5, and purport of the whole pleadings

2. According to the above facts of recognition, Defendant A is the owner of the instant vehicle, and Defendant B is jointly and severally liable for damages caused by tort against F as the driver of the said vehicle, and the Plaintiff paid compensation to F’s heir instead of the Defendants as the trustee of the Guarantee of Automobile Accident Compensation Business. As such, the Plaintiff may exercise the right to claim compensation against the Defendants against F within the scope of the amount of compensation pursuant to Article 39(1) of the Guarantee of Automobile Accident Compensation Act.

Therefore, the Defendants jointly paid KRW 100 million to the Plaintiff as compensation to F’s heir, and on April 2015, the following day after the payment date of compensation.

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