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(영문) 청주지방법원 2016.02.03 2015나11183
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The Defendants shall bear the total costs of the lawsuit after filing the appeal.

Reasons

1. Basic facts

A. At around 11:00 on August 26, 2012, F: (a) driven by a non-registered fluscoper Corba (hereinafter “Defendant’s side”) on its ownership; (b) caused the death of oneself by shocking the Do road No. 513, located in the Jincheon-gun, Jincheon-gun, Jincheon-gun, and the Do road No. 513 (No. 3.1m wide on the two-lane) (hereinafter referred to as “Defendant’s side”) going back to the H course in the middle of C, which was going to the middle of C, while going to the middle of C, and going to the right at the middle of C in the middle of C., while the operation was going to the middle of C. in the middle of C. In the middle of C. C., the C. and C., the Plaintiff’s side 1,500cc. (hereinafter referred to as “Plaintiff’s side 2”).

(hereinafter “instant accident”). (b)

As the networkF died on August 26, 2012, Defendant A, C, D, and E, who is the wife of F, succeeded to the rights and obligations of the networkF.

C. Meanwhile, the Defendant did not subscribe to the liability insurance on the part of the Defendant. As such, under Articles 30 and 45(1)1 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11690, Mar. 23, 2013); and Articles 19 and 20 of the former Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (amended by Presidential Decree No. 24443, Mar. 23, 2013), the Plaintiff entrusted the duties related to the Government’s Guarantee of Automobile Accident Compensation Business from the Minister of Land, Transport and Maritime Affairs on the ground that the Plaintiff was the Defendant’s heir of the Plaintiff, claiming for payment of compensation based on the said Guarantee Business, and on November 15, 2012, the Plaintiff paid KRW 100,000,000,000 of the liability insurance amount under Article 19 of the said Enforcement Decree as compensation for damage.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

(a) Occurrence of liability - The responsibility for the instant accident of the deceased F and the claim of one party on the basis of the responsibility for reimbursement against the Plaintiff.

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