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(영문) 서울중앙지방법원 2017.01.20 2016나4555
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a contract of substitute driving with a motor vehicle handler who is a substitute driver in the Seoul Metropolitan Area. The Defendant is a mutual aid business entity that has concluded a mutual aid agreement with a rental vehicle (hereinafter “instant vehicle”). The insurance contract between the Plaintiff and a new urban driving company in the Seoul Metropolitan Area covers large-sized compensation II except large-sized compensation I (liability Insurance), large-scale compensation, self-physical accident, and self-motor vehicle damage.

B. On December 4, 2013, B, an agent driver of a new city driving company in the Seoul Metropolitan area, driving the instant vehicle on behalf of the lessee of the instant vehicle and driving the instant vehicle on or around 22:50 on December 4, 2013, and driving the vehicle on the two-lanes to one-lanes on the roads in front of the Auriwon-dong, Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government, and driving the vehicle on behalf of the lessee of the instant vehicle, causing injury to D, while driving the vehicle on the one-lanes from the two-lanes to one-lane.

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

By January 22, 2014, the Plaintiff paid the total of KRW 859,610,000 for treatment costs and agreed money within the scope of D’s liability insurance proceeds (class 92.4 million).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, or the purport of the whole pleadings

2. The plaintiff asserted by the parties, since the defendant as to D constitutes the operator of the vehicle of this case, the defendant is obligated to pay the liability insurance amount to D, and the defendant is exempted from the liability insurance amount due to the plaintiff's payment of the insurance amount to D, so the defendant is obligated to pay the insurance amount paid by the plaintiff to the plaintiff according to the subrogation legal principle of insurer subrogation and the compensation for delay thereof. It is not domestic affairs.

Even if the plaintiff pays insurance money to the defendant, the defendant is in accordance with the legal principles of office management.

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