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(영문) 대구지방법원 2020.05.08 2018가단120794
구상금
Text

1.(a)

Defendant D and Defendant E Co., Ltd. jointly and severally for KRW 62,277,790 and KRW 46,734,770 among them.

Reasons

1. Basic facts

A. The Plaintiff, such as the party’s status, is an insurer who has entered into a comprehensive automobile insurance contract with Nonparty F including a non-party insurance-free insurance-free special agreement for an injury on the G vehicle. Defendant C Co. (hereinafter “Defendant C”) is an insurer who has entered into a comprehensive automobile insurance contract with respect to H vehicles (hereinafter “accident vehicle”). Defendant D is the driver of the accident vehicle, and Defendant E Co., Ltd (Defendant B) is the owner of the accident vehicle.

B. On July 3, 2015, Defendant D, at around 21:45, operated an accident vehicle, and caused the collision between the central separation unit during the course of driving a one-lane of the Mancheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-do, Seocheon-gu, Seoul (hereinafter “instant accident”). Accordingly, Nonparty D, who was on board the vehicle involved in the accident, suffered injury, such as cage dunes (closed) and the unknown bralness, etc.

C. The Plaintiff paid 50,00,000 disability insurance money and 62,277,790 won in total, including medical expenses 12,277,790, according to the special agreement on indemnity insurance with no insurance coverage.

[Ground of recognition] Unsatisfy and entry of Gap evidence 1 to 24

2. Chief;

A. The Plaintiff’s assertion that the instant accident occurred due to Defendant D’s breach of the duty of care in driving, Defendant B is the owner of the accident vehicle, and Defendant C is the insurer of the accident vehicle. As such, the Defendants are jointly and severally liable for damages incurred by the said F due to the instant accident pursuant to Article 750 of the Civil Act and the Guarantee of Automobile Accident Compensation Act.

On the other hand, the Plaintiff is an insurer who paid the above insurance money to the above F in accordance with the insurance-free injury security agreement, and the Plaintiff acquired the above F’s damage claim against the Defendants by subrogation within the scope of the insurance money paid to the Defendants in accordance with Article 682 of the Commercial Act.

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