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(영문) 서울중앙지방법원 2016.02.03 2015가단86252
구상금
Text

1. As to the Plaintiff, Defendant A’s KRW 68,924,913 and KRW 59,955,670 among those KRW 68,924,913, Defendant A’s KRW 8,969,243.

Reasons

1. Facts of recognition;

A. At around 23:30 on June 5, 2012, C, while under the influence of alcohol with 0.061% of alcohol content in blood, C, while driving a non-registered X-sib, Inc. owned by the Defendant A (hereinafter “the instant offland”) and driving a single lane in front of the Eccom Association D located in G in the Gansi-si District of Permitted City (hereinafter “the instant offland”) at a speed of 70km, C shocked the victim F, who was crossinging the said place by negligence, without properly examining the front door at a speed of 70km.

Due to its shock, F was injured by safeas, etc. due to damage to saf as a result of damage to saf ash.

(hereinafter “instant accident”). (b)

Defendant A was a student, who was 16 years of age at the time of the instant accident, and Defendant B was the mother of Defendant A.

C. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with F with respect to the H vehicles owned by F, which includes a special agreement for unsecured injury security, and is also an insurer who is entrusted by the Minister of Land, Infrastructure and Transport with duties concerning compensation for victims of automobile accident compensation business and vicarious exercise of right to claim compensation for damages under the Guarantee of Automobile Accident Compensation Act (hereinafter “Automobile Accident Compensation Act”).

In the instant case, the Plaintiff constitutes an non-insurance vehicle, and the Plaintiff paid F with F the amount of liability insurance proceeds for the Government Security Business from December 20, 2012 to August 20, 2014, KRW 59,95,670 [i.e., Sheet- Mear, Meetar, and less than ten won] as follows.

In addition, the Plaintiff paid totaling KRW 11,211,554 as insurance money based on the special agreement for coverage by an uninsurance motor vehicle from October 24, 2012 to January 26, 2015.

(1) Amount of injury grade 1: 20 million won (in case of damage to scambaf), 18,200,000 won (=40,000 won x 100% x 70% x 1-1-25% x 35%) loss income 41,75,671 won (attached Form 1; hereinafter the same shall apply) : 20,000,000 won (in case of damage to sc father) repayment : 1(C’s father) repayment 20,000,000 won

E. The terms and conditions of automobile comprehensive insurance concluded between the Plaintiff and F shall be the insured.

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