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(영문) 인천지방법원부천지원 2016.01.12 2015가단20843
구상금
Text

1. The Defendants jointly share KRW 27,020,670 to the Plaintiff and Defendant A with respect thereto from March 7, 2015 to September 10, 2015.

Reasons

1. Basic facts

A. At around 14:20 on August 3, 2013, Defendant A, without purchasing liability insurance, driven a B-ro car owned by Defendant C-Woland (hereinafter “instant car”) and operated along two lanes between the three-lanes between the two-lanes of KTM and the three-lanes of the B-Wodong, Nam-gu, Incheon at the end of the 463-7 common-use city, Nam-gu, Incheon. However, Defendant A, without examining the surrounding areas of the U.S., went along three-lanes without changing the two-lanes.

(hereinafter “instant accident”). (b)

As a result of the instant accident, C suffered injury, such as flaverization on the left-hand side, which requires approximately 12 weeks of treatment, and was treated in E hospital, Furgical surgery, etc.

C. In accordance with Article 45(1) of the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”), the Plaintiff: (a) as a guarantee business operator entrusted by the Minister of Land, Infrastructure and Transport with the business of guaranteeing automobile accident compensation as prescribed by Article 30(1) of the Act on the Guarantee of Automobile Accident Compensation; and (b) filed a claim for payment of compensation for damage on the ground that the instant accident was an accident caused by an non-insurance vehicle; and (c) paid KRW 27,020,670, under the pretext of medical expenses and agreement to C from December 10 to March 6, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination on the cause of the claim

A. Where a livelihood security business operator entrusted by the Minister of Land, Infrastructure and Transport with the business of the assistance business under Article 30 (1) of the Self-Governing Act pursuant to Article 45 (1) of the Act, pays compensation to the victim, the livelihood security business operator may exercise on behalf of the victim the right to claim compensation for damages to a person who is liable for damage under Article 3 of the Self-Support Act, pursuant to Article 39 (1)

(see, e.g., Supreme Court Decision 2011Da77795, Jan. 27, 2012). B.

. Specific determination.

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