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(영문) 서울중앙지방법원 2020.01.22 2019나16900
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract (hereinafter “instant insurance contract”) with respect to the Clearning vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid entrepreneur who runs a mutual aid business under the Passenger Transport Service Act and has entered into an automobile mutual aid contract (including substitute compensation) with respect to the E-city bus owned by Nonparty D Co., Ltd. (hereinafter “Defendant”).

B. Around 05:25 on May 5, 2016, Nonparty F, a driver of the Plaintiff’s vehicle, driven the Plaintiff’s vehicle, driving the Plaintiff’s vehicle, driving the five-lane road in front of H in Daegu Suwon-gu, into a site and negative distance away from the relevant third-distance bank. Nonparty F, a driver of the Plaintiff’s vehicle, was driving on the five-lane road in front of the Plaintiff’s Daegu Suwon-gu, the part behind the Defendant’s vehicle, which was parked on the five-lane side after about 30 meters from the bus stop at the International Station bus stop.

(hereinafter referred to as the “instant accident”). F suffered from the instant accident the injury of 12 weeks, such as the alleys of the lelebs of the lebs of the lebs of the lebane and the alleys of the lebs of the lebs of the leb

C. In accordance with the instant insurance contract, the Plaintiff paid F KRW 4,50,00 for the repair cost of the Plaintiff’s vehicle on May 19, 2016, and KRW 19,823,980 for hospital treatment costs (=19,710,590 for hospital treatment costs (i.e., November 30, 2016) and KRW 113,390 for disability loss (ii) and KRW 49,832,500 for disability loss on July 12, 2017 and KRW 2,00,000 for disability injury data and KRW 76,206,480 for treatment costs.

From September 2, 2016 to June 26, 2018, the Defendant paid F a total of KRW 16,894,570 to F for medical expenses and agreed expenses for the instant accident in accordance with the said mutual aid agreement.

E. Article 34(2)1 of the General Terms and Conditions of the instant insurance contract stipulates as follows:

Article 34 (Subrogation of Insurance Company) (2) Insurance Company shall not acquire the following rights:

1. The right of the insured against a third party in the case of the Act on Self-Physical Accidents: Provided, That the right of the insured to pay the insurance money in accordance with the "Standards for the Payment of Personal Compensation and Injury by Uninsured Motor Vehicles" shall be the right of the insured.

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