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(영문) 서울중앙지방법원 2018.08.22 2017가단32037
구상금
Text

1. The Defendants jointly share KRW 106,450,460 with respect to the Plaintiff and the period from December 30, 2016 to March 8, 2017.

Reasons

Basic Facts

The Plaintiff, as an insurer running an insurance business, entered into a comprehensive automobile insurance contract with the victim D with respect to his/her own E-vehicle, and entered into a non-insurance accident security special agreement (hereinafter “instant insurance contract”) with the insured, his/her children, and his/her parents to compensate for the injury caused by an non-insurance accident on behalf of the damage obligor.

On March 14, 2014, at around 07:30, Defendant B driven a stolen and unregistered Obane (hereinafter “the instant Obane”) prior to this mold without a driver’s license, and immediately went in violation of signal signals on the fourth line of the 6th line in the direction of the mast course, from among the roads of the 6th line in the erodo to the erode of the erode of the erode, Sungnam-si, Sungnam-si, by driving the oba (hereinafter “the instant Oba”), and caused D to escape as it is, by shocking the victim D, who boarded FOba in accordance with the walking signal on the left side of the crosswalk in the direction of the mast course.

(hereinafter referred to as “the instant accident”). Defendant B is a student of high school who is a student of Girs and has been a student of 16 years old and 11 months old at the time of the instant accident, and Defendant C is his father.

The Defendant, as an insurer, paid insurance proceeds of KRW 212,82,660, including medical expenses, to the victim D until December 29, 2016, received KRW 106,432,200 from the H Co., Ltd. (hereinafter “H”), a double insurance company (hereinafter “H”).

[Reasons for Recognition] There is no dispute. According to the fact that Defendant B is liable for damages arising from each of the statements in Gap evidence Nos. 1 through 7 (including a branch number; hereinafter the same shall apply) and the overall purport of the pleading, Defendant B caused the instant accident, which was caused by the gross negligence of violating signal signals without a driver's license, since Defendant B stolen the instant Otoba, thereby causing the instant accident. Thus, the tortfeasor suffered all of the instant accident.

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