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(영문) 서울중앙지방법원 2019.08.16 2019나19305
구상금
Text

1. Of the part concerning the defendant (appointed) and the appointed party in the judgment of the court of first instance, the following amount shall be ordered.

Reasons

1. Basic facts

A. The Plaintiff entered into an insurance contract with E, and the period of insurance was from January 1, 2012 to December 31, 201 of the same year, and each local government’s liability insurance was concluded by setting the insured as F.

B. At around 23:30 on August 14, 2012, the Defendants suffered from insurance accidents, namely, physical fighting with the co-defendants of the first instance court, who worked as public interest service personnel belonging to F, in the subway species 3 in Jongno-gu Seoul, Jongno-gu, Seoul. The co-defendants of the first instance court and the Defendant C were faced with the shoulder, such as putting them up, taking a bath, and facing the shoulder. The co-defendants of the first instance court and the designated parties of the Co-defendant D of the first instance court were mutually attached and verballyed. As seen above, G (hereinafter “victim”) who was walking along the passage of the horse transit (hereinafter “victim”) suffered from the injury, such as the shocking of the left-hand shoulder.

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

As a result of a criminal case, the Defendants and the co-defendants of the first instance court were indicted as co-offenders of injury resulting from negligence in the instant accident on March 15, 2013 (Seoul Central District Court Decision 2013Da4463), and each fine of KRW 300,000 was issued, and they became final and conclusive as they did not dispute at all.

From this accident to November 27, 2013, the Plaintiff, the insurer of F, paid the victim totaling KRW 15,090,000 as compensation for damages.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. Determination

A. The plaintiff asserted 1 of the parties concerned is the cause of the claim in this case. The plaintiff asserted that the defendants suffered bodily injury due to the negligence of excessive behavior without due care of the surrounding actors in the situation where the defendants agreed with co-defendants of the first instance trial and fights against their body, and the defendants are liable for joint tort under the Civil Act. The plaintiff's total amount of the insurance money paid by the plaintiff is the victim.

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