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(영문) 대구지방법원 2015.01.29 2014나12131
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff in relation to the defendant who is ordered to pay below.

Reasons

1. Basic facts

A. The Green Damage Insurance Co., Ltd. (the Plaintiff succeeded to the entire rights and duties of the Plaintiff on May 3, 2013) is an insurer who entered into a comprehensive automobile insurance contract with C and D A with respect to an insured vehicle (hereinafter “victimd vehicle”). The Defendant is an insurer who entered into a comprehensive automobile insurance contract with Defendant B on July 11, 201 with respect to E PP vehicle (hereinafter “AP vehicle”). The Defendant is an insurer who entered into an automobile insurance contract with Defendant B with respect to the designated driver on July 11, 201, and the registered insured as A, the owner of the vehicle.

B. B, at around 18:30 on May 13, 2012, while driving a sea-going vehicle under a license without a license and driving a road in front of the Posing station in the direction of the safe-dong, in the direction of the safe-speed, and driving the road at the direction of the opening-side, the area of the area of the mountain and the area of the area of the mountain and the area of the area of the mountain and the area of the area of the mountain and the area of the area of the mountain and the area of the area of the area of the area of the area of the area of the area of the area of the area of the area of the area of the area of the area of the area of the area of the area, C

C. The Plaintiff’s insurance proceeds paid to C with the insurance proceeds under a special contract concluded with C from June 14, 2012 to May 13, 2013, 194,222,710 won, excluding review fees, credit information inquiry expenses, etc., among the insurance proceeds that the Plaintiff paid to C by May 13, 2013, and there is no dispute between the parties concerned as to the amount within the scope of damage liability of C.

The Defendant paid the liability insurance amount of KRW 78,154,670 on March 26, 2013.

C on March 6, 2013, the Plaintiff transferred all rights, such as the damage claim against the Defendant arising in connection with the instant accident, to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 11, Eul evidence Nos. 1 through 4, 12, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the accident of this case is caused by the negligence of B, and therefore, the vehicle of this case.

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