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(영문) 서울중앙지방법원 2020.09.10 2019나83436
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff equivalent to the amount ordered under paragraph (2) shall be revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff is an insurer which has concluded two motor vehicle insurance contracts, including a non-life insurance special agreement that provides compensation on behalf of the obligor, where C, his/her spouse, and his/her parents and children were injured by an non-life insurance policy with C.

B. On September 18, 2017, around 19:30 on September 18, 2017, the Defendant was shocked by pedestrian E while driving a road near the identity of the Chungcheongnam-nam Budget Office (hereinafter “Defendant vehicle”).

(hereinafter “instant accident”). E is the father of C.

C. On November 22, 2017, the Defendant agreed on a criminal case against E and the instant accident, and on November 28, 2017, paid KRW 10,000,000 to E as medical expenses and consolation money.

The defendant's vehicle was covered by the liability insurance of the FF Co., Ltd. (hereinafter "F"), and the injury of E caused by the accident in this case was serious and the liability insurance alone made it difficult to make all compensation for E.

Accordingly, the Plaintiff, F, and G Co., Ltd. (hereinafter “G”) liable for the payment of insurance proceeds for the instant accident were selected as the executive secretary company and agreed upon E and compensation.

E. As an executive secretary company of the foregoing insurance company on March 28, 2018, G agreed to conclude all compensation by setting the agreed amount as KRW 20,000,000 for the instant accident as KRW 10,000,000, which deducts the Defendant’s criminal agreement amount as KRW 10,000.

G paid KRW 10,000,000 to E according to the above agreement.

F. On April 13, 2018, the Plaintiff paid KRW 2,514,020 as a contribution under the foregoing agreement to G, and separately paid KRW 144,000 for the E medical fee by February 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including paper numbers, hereinafter the same shall apply), Eul evidence Nos. 1 and 2, G's inquiry inquiry reply, and the purport of the whole pleadings

2. Determination:

(a)the cause of the action;

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