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(영문) 서울중앙지방법원 2017.04.11 2016가단45678
구상금
Text

1. The Defendant’s KRW 36,879,960 as well as the Plaintiff’s KRW 5% per annum from April 2, 2016 to August 6, 2016, and from August 7, 2016.

Reasons

1. Occurrence of claims for indemnity;

A. The facts of recognition (1) around 00:22 on January 8, 2016, the Defendant driven a car in the B Sslish (hereinafter “Defendant vehicle”) and driven along the 4-lanes from the 5-lane road in Dongjak-gu Seoul Metropolitan Government, to the Guro Digital Group area, along with the 4-lanes of the 5-lane road in Dongjak-gu Seoul Metropolitan Government, and received the back part of the Eslicked Vehicle in the front direction (hereinafter “Plaintiff vehicle”).

As a result, F, who was accompanied by D and the plaintiff's vehicle, suffered from various injuries, such as d' and d'sl' inception straw, which require two weeks of treatment.

(2) Although the Defendant’s vehicle was covered by a comprehensive insurance policy with the National Litter’s Mutual Aid Association, there was a special agreement applicable to the driver’s age of 26 or more.

At the time of the traffic accident, the Defendant was merely 21 years old, and thus, the Plaintiff, the insurer of the Plaintiff’s vehicle, paid KRW 2,173,240 as D’s medical expenses and agreed amount until April 1, 2016, and KRW 2,196,720 as F’s medical expenses and agreed amount, and KRW 35,710,00 as the repair cost of the Plaintiff’s vehicle.

Afterwards, the Plaintiff received liability insurance amount of KRW 3,200,000 from the National Leneter Mutual Aid Association.

[Reasons for Recognition] Facts without dispute, Gap 1 through 7 evidence, Eul 2 evidence, the purport of the whole pleadings

B. The judgment of the defendant shall compensate for all damages suffered by the victim as a tort since the defendant caused the traffic accident caused by the mistake in driving the defendant's vehicle without looking forward well.

Since the plaintiff paid insurance proceeds to the victim D, etc. in accordance with the non-insured injury security agreement, and exercised it by subrogation of the victims' right to claim damages, the defendant shall pay the amount to the plaintiff as indemnity.

2. Scope of indemnity;

A. The Defendant: (i) KRW 36,879,960 for indemnity to the Plaintiff (=2,173,240 won 2,196,720 won 35,710,000 won-3,200 won); and (ii) the instant complaint from April 2, 2016 on the day following the payment of insurance proceeds.

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