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(영문) 대전지방법원 2014.05.20 2013가단39220
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 62,503,630 and the Defendants from January 10, 2014 to January 29, 2014.

Reasons

1. Basic facts

A. The Plaintiff entered into a comprehensive automobile insurance contract with C with respect to D vehicles, and the insured, when the amount of damage exceeds the amount of liability insurance, paid insurance money up to KRW 200 million with respect to the excess amount. However, when the Plaintiff pays insurance money, the Plaintiff entered into a special agreement with C to subrogated acquisition of the damage liability insurer against the obligor for damage within the insurance amount paid (hereinafter “special agreement on indemnity insurance”).

B. Defendant B is the owner of the E-A-Wurn Transport Quantity (hereinafter “this case’s Maritime Vehicle”). Defendant Matz Fire Marine Insurance Co., Ltd. is an insurer who has concluded a comprehensive automobile insurance contract with Defendant B with respect to the instant Maritime Vehicle as the Defendant B’s named insured with respect to the instant Maritime Vehicle. The said contract includes the provision stating that “The part exceeding the liability insurance amount out of the damages arising from an accident occurred when the insured was driving without a license or when the insured was driving without a license under the explicit and implied approval of the registered insured (hereinafter “the so-called “the so-called “the so-called personal compensation”).”

(hereinafter referred to as the "Terms and Conditions of Exemption from Driver's License").

On October 6, 2012, Defendant A, as Defendant B’s children, driven the instant dice vehicle without a driver’s license at around 04:47, in a state of alcohol alcohol content of 0.144%, Defendant A, who was driving the instant dice vehicle at a level of 0.14% alcohol content, was shocked by the central line in the front of G oil station located in the Daejeon Dong-gu, Daejeon, and was shocked by Defendant A, who walked on the opposite lane, and suffered injury to C, such as an effic fever, cry, dump, etc., which requires 11 week medical treatment.

(hereinafter “instant accident”). D.

Between C and C, there is a non-insurance coverage agreement for H vehicles.

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