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(영문) 대구지방법원 2018.03.27 2016가단32565
구상금
Text

1. The Defendants jointly share KRW 22,054,734 with respect to the Plaintiff, and the period from September 2, 2006 to December 14, 2017.

Reasons

1. Facts of recognition;

A. Defendant A constitutes “a person who operates a motor vehicle for his/her own sake” who is the owner of a C-motor vehicle (hereinafter “A-related vehicle”) and is liable for damages under Article 3 of the Guarantee of Automobile Accident Compensation Act, and Defendant B is the driver of the A-related vehicle, and the Plaintiff is a company entrusted with the business of guaranteeing automobile accident compensation under Article 30 of the Guarantee of Automobile Accident Compensation Act by the Government.

B. On December 10, 2005, at around 04:50, Defendant B driven a sea-going vehicle and passed the kacker branch near the office of the Dong-dong, Dong-dong, Dong-dong, Songnam-dong, and if the vehicle proceeds as a driver's care, the opposite news report was collisioned with the front part of the sea-going vehicle, and the victim D, who was on board the front part of the sea-going vehicle, suffered injury.

The victim is also at fault of 20% for the injury suffered by the victim due to the above accident.

As part of the government security business, the plaintiff paid 6,974,734 won in total to E Hospital and Furgical surgery by June 21, 2008, as part of the government security business in accordance with the relevant laws and regulations. The damages (in calculating 20% of the victim himself/herself's negligence, and the amount equivalent to 20% of the victim himself/herself's negligence among the medical expenses paid), which should be paid as consolation money, daily income loss, etc., to the victim D, constitute 28,945,390 won, but the plaintiff agreed to pay 15,080,000 won among them, which is part of them, to the victim on September 1, 2006.

[Reasons for Recognition: Defendant A - Defendant B (Service by Public Notice) - Results of fact inquiry on the documentary evidence submitted by the Plaintiff, the old U.S. police station, and the office of jungu-si vehicle, etc. under Article 150 of the Civil Procedure Act, the purport of the entire pleadings]

2. According to Article 682 of the Commercial Act, the Defendants jointly seek reimbursement from the Plaintiff who acquired the right of reimbursement pursuant to Article 682 of the Commercial Act [the amount of 22,054,734 won paid to the Plaintiff” [the amount of 15,080,000 won paid to the Plaintiff 6,974,734 won] and the Plaintiff.

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