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(영문) 대구지방법원 2018.10.19 2017가단21388
구상금
Text

1. The Defendant’s KRW 66,814,750 for the Plaintiff and KRW 5% per annum from December 20, 2017 to January 11, 2018.

Reasons

1. Basic facts

A. The Plaintiff is an insurer running a non-life insurance business, who has entered into an automobile insurance contract with Nonparty G for the insured vehicle (hereinafter “insured vehicle”). The Defendant is a person driving an insured vehicle and causing the following traffic accidents.

B. On March 22, 2017, the Defendant: (a) driven an insurable vehicle around 04:30 on March 22, 2017; and (b) was waiting to proceed directly from the sloping distance to the sloping distance from the sloping-dong, the Newwest-gu, the Seogu-gu, and from the sloping-si, the sloping-si, the sloping-si, the U.S. (U.S.) (hereinafter referred to as “victim”) where the Defendant returned hand to the right side of the insured vehicle

) The left-hand side of the front-hand side and fences were shocked (hereinafter referred to as the “instant accident”).

(2) The instant accident caused damage to the damaged vehicle and caused the damage to Nonparty K and the passenger L, who is the driver of the victimized vehicle. The Plaintiff, as the insurer of the insured vehicle, paid KRW 47,29,300 to the non-party M Co., Ltd., which compensated for the damage of the damaged vehicle by July 6, 2017. By December 19, 2017, the Plaintiff paid KRW 8,443,360 to the said K, and KRW 11,072,090 to the said L, respectively.

[Reasons for Recognition] Facts without dispute, each entry of Gap evidence 1 to 13 (including a provisional number; hereinafter the same shall apply)

2. Chief;

A. The Plaintiff’s assertion is the insurer of the insured vehicle, and the Plaintiff paid KRW 47,29,300 and KRW 8,443,360 and KRW 11,072,090 for the damage caused by the instant accident to the victims. The Defendant, as the driver of the insured vehicle, caused the instant accident due to the driver’s negligence, and thus, under Article 3 of the Guarantee of Automobile Accident Compensation Act and Article 750 of the Civil Act, the Plaintiff is obliged to compensate the said G for the damage caused by the instant accident.

Therefore, pursuant to Article 682 of the Commercial Act, the defendant is the above Ga.

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