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(영문) 대구지방법원 2019.01.09 2018나1726
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to vehicles E and F containing a special agreement on coverage by non-insurance vehicles (hereinafter “instant special agreement on coverage”).

The content of the instant accident security agreement is “where the Plaintiff is unable to receive damages by another vehicle not covered by the comprehensive insurance, the Plaintiff compensates the insured for damages in accordance with the criteria for compensation for the comprehensive insurance for damages in excess of the liability insurance, and is transferred from the insured for compensation for damages against the perpetrator.”

As a child of E, the Plaintiff’s Intervenor is the insured under the special agreement on the above injury security.

B. On October 15, 2014, at around 09:50, the Defendant: (a) driven a summary map of H University University D, a building site, a one-way road in front of the building site, and an I-to-land (hereinafter “the instant O-to-land”) on the front side of the central library, while proceeding from the front side of the central library to the second library area; (b) caused an accident to shock the Plaintiff’s Intervenor crossinging the road on the crosswalk without signal lights from the upper left side of the front bank (hereinafter “the instant accident”).

C. In the instant accident, the Plaintiff’s Intervenor suffered injuries, such as cutting down the upper right frame.

The Plaintiff paid the Plaintiff’s Intervenor KRW 9,259,340,000 as insurance money until March 28, 2017. The Defendant received KRW 4,745,630 from the J Co., Ltd. that concluded a liability insurance contract with respect to the instant Orala.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination

A. The plaintiff asserted that the accident of this case occurred by the defendant's total negligence, and the defendant paid the plaintiff the insurance money to the plaintiff from KRW 9,259,340 to KRW 4,745,630.

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