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(영문) 대구지방법원 2017.03.24 2016가단10756
구상금
Text

1. The Plaintiff:

A. Defendant B and Defendant A jointly share KRW 108,224,416 with respect to the Plaintiff and the Plaintiff from March 25, 2016.

Reasons

1. Basic facts

A. The Plaintiff, an insurer running non-life insurance business, entered into a comprehensive automobile insurance contract with Nonparty C (hereinafter only referred to as an insured vehicle). The Defendant A, as the owner of the vehicle E (only referred to as an accident vehicle), entered into a comprehensive automobile insurance contract with the Defendant for the automobile involved in the accident, and the Defendant B is the driver of the accident vehicle.

B. On March 5, 2016, Defendant B driven an accident vehicle at around 01:11, and got off the two-lane road in front of the G farmwon, which was located in the Gyeongcheon-si in the Gyeongcheon-si, in one lane, to the lower side of the G farmwon, the two-lane road in front of the G farmwon, which was located in the Gyeongcheon-si in the Gyeongcheon-si, U.S., in accordance with the one-lane road, the road was walked along the right side of the vehicle in front of the accident, and got over the two-lane.

(hereinafter referred to as "first accident")

C. The insured vehicle and the I vehicle, following the Deceased’s accident vehicle, were fluored with the Deceased (hereinafter only referred to as the second accident), and the Deceased died due to the shock of the first and second accidents.

As an insurer of an insured vehicle, the Plaintiff paid KRW 278,00,000 to the deceased’s heir as non-life insurance, and the Defendant Han Lan Insurance Co., Ltd paid KRW 50,000,000 to the Plaintiff as an insurer of the accident vehicle.

[Grounds for Recognition] Unsatisfy and described in Gap evidence 1 to 8 (including additional numbers)

2. The plaintiff, as an insurer of the insured vehicle, pays KRW 278,00,00 to the deceased's heir, pursuant to Article 682 of the Commercial Act, the deceased's heir is entitled to exercise in subrogation the claim for damages against the defendant Eul, the owner of the vehicle involved in the accident, who is the insurer of the vehicle involved in the accident. As such, the plaintiff is liable for 80% of the death of the deceased to the defendant Eul who caused the first accident, and the defendant Eul and the defendant Eul jointly pay KRW 22,40,000.

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