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(영문) 서울중앙지방법원 2017.01.13 2015가단205213
구상금
Text

1. The Defendant’s KRW 1,808,036 as well as the Plaintiff’s KRW 5% per annum from October 16, 2015 to January 13, 2017.

Reasons

1. Basic facts

A. The Plaintiff is an insurer of an automobile insurance contract including a non-life insurance guarantee agreement that the Plaintiff is the insured, and the Defendant is the owner and driver of the D vehicle (hereinafter “Defendant vehicle”).

According to the above non-life insurance special agreement, the insured or his/her spouse, parents and children who did not subscribe to the life insurance policy Class II, or the accident caused by the accident caused by the non-life insurance policy, and E is the mother of C, the insured of the above insurance policy.

B. On January 5, 2015, around 16:50, the Defendant started driving the Defendant’s vehicle parked in the frontway of Yangcheon-gu Seoul Metropolitan Government, without a driver’s license, and went beyond the direction of the E’s bridge that was kept on the front side of the front side of the Defendant’s vehicle and continued to go beyond the front side of the Defendant’s vehicle.

As a result, E suffered injury, such as a ductal aggregate, etc.

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

The Plaintiff paid KRW 37,124,780 for medical expenses up to October 15, 2015 to E with insurance proceeds under a special contract on a non-insurance injury security. On August 12, 2015, the Plaintiff paid KRW 26,00,000 for lost earnings, medical expenses, and consolation money.

Meanwhile, the Plaintiff received KRW 27,756,310 from G Co., Ltd. that the Defendant concluded liability insurance.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 8 (including the serial number), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion has paid KRW 37,282,780 with medical expenses, etc. and KRW 26,00,000 with agreed money as insurance money. Accordingly, in accordance with the legal principles of subrogation by insurers, the Plaintiff seeks payment of KRW 35,526,470 after deducting KRW 27,756,310 from the liability insurance amount from the liability insurance amount.

B. According to the above recognition of the occurrence of liability for damages and the limitation one liability for damages, the defendant is parked.

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