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(영문) 서울남부지방법원 2011.10.19 2010가단48107
구상금
Text

1. The Defendant’s KRW 37,228,935 as well as 5% per annum from April 4, 2008 to October 19, 201 as to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. At around 15:20 on July 27, 2007, A, a taxi engineer, who belongs to the king company, caused an accident to the right bridge of the worker C, who was in front of the waiting room for work shift.

In the above accident, C suffered bodily injury, such as the upper right light, flaverrization type, the right heart flachimosis, etc.

The Plaintiff paid 11,465,530 won for medical care benefits under the Industrial Accident Compensation Insurance Act, 7,899,600 won for temporary layoff benefits, and 23,231,830 won for disability lump sum.

The defendant is an insurer who has entered into a mutual aid agreement with the king Company Co., Ltd. and the third party due to the operation of the B vehicle.

[Ground for Recognition: Facts without dispute]

B. (1) The defendant is liable to C for damages arising from the above traffic accident.

In addition, the plaintiff may subrogate the right to claim damages against the defendant of C within the limit of the insurance benefits paid to C within the scope of liability insurance.

(2) The Defendant asserts that “The period of extinctive prescription under the Guarantee of Automobile Accident Compensation Act at the time of the instant accident is two years, and the instant lawsuit was filed after the extinctive prescription expires.”

In the case of liability insurance, Article 724(2) of the Commercial Act provides that the third party who is the victim may directly claim the insurer for the damage caused by an accident attributable to the insured in liability insurance, within the limit of the insured amount. Under Article 724(2) of the Commercial Act, the insurer has the direct right to claim for the insurer under Article 724(2) of the Commercial Act. Since the insurer concurrently takes over the insurer's liability for damages against the insured, the injured party or his legal representative has the right to claim for damages against the insurer, it shall be for three years from the date when the injured party or

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