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(영문) 서울중앙지방법원 2019.01.17 2018나46775
구상금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants jointly share the Plaintiff KRW 2,534,920 and one of them.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to the E-vehicle owned by D.

B. Around 00:30 on May 16, 2015, Defendant B driven a F vehicle owned by Defendant C (hereinafter “instant vehicle”), and inflicted an injury upon Defendant B by shocking D, which was walking along, while driving a H’s I latter part of the G located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu.

(hereinafter referred to as “instant accident”). C.

From July 24, 2015 to September 17, 2015, the Plaintiff paid D insurance proceeds of KRW 2,687,600 in total with medical expenses and the amount agreed upon, and claimed KRW 152,680 from Defendant B.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 4 through 6, the purport of whole pleadings

2. According to the above findings of the determination as to the cause of the claim, Defendant B is the driver of the instant vehicle, and Defendant C is jointly liable for the damages caused by the instant accident as the owner of the instant vehicle, and the Plaintiff paid the insurance money to D, which is the insurer’s subrogation provision of Article 682 of the Commercial Act, subrogated acquisition of the claim for damages against the Defendants.

Therefore, with respect to the remaining indemnity amount of KRW 2,534,920 (i.e., KRW 2,687,600 - KRW 152,680) and KRW 1,134,920 cited by the judgment of the court of first instance among the Defendants, it is reasonable to dispute over the existence and scope of the Defendants’ obligations from September 18, 2015, the date following the date of the final payment of insurance money, to September 22, 2018, which is the date of the judgment of the first instance, until June 22, 2018; KRW 15% per annum prescribed by the Civil Act on special cases concerning the promotion, etc. of litigation from the next day to the date of full payment; KRW 1,400,000, which is the remainder of this court, as to the existence and scope of the Defendants’ obligations from September 18, 2015 to the date of full payment.

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