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(영문) 서울중앙지방법원 2019.06.21 2018나65950
구상금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. On May 4, 2017, the Defendant: (a) around 17:22 on May 4, 2017, hereinafter referred to as “Defendant Vehicles”;

b) A comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to the Plaintiff’s vehicle, including a special agreement on the guarantee of injury by non-insurance for the Plaintiff’s vehicle, while driving along the first line of the vehicle (hereinafter “the instant accident”).

The insurer who entered into the insurance contract of this case, paid the following insurance proceeds to the driver and passenger of the Plaintiff vehicle (the final payment date of the insurance proceeds is September 29, 2017).

2) The sum of the amount covered by the victim’s collateral (the sum of the amount covered by the victim’s non-insured motor vehicle 238,020 2,863,863,830 1,175,810 1,450,000 G non-insured motor vehicle 1,180 1,450,430 1,450,450 H 1,450,000 H 213,970,410 1,483,4440 1,483,440 1,450,40 , 376,438, 388, 368, 168, 167, 2015, 207 1,450, 167, 1605, 207

C. Defendant vehicle was subscribed to only the liability insurance under the Guarantee of Automobile Accident Compensation Act to J Co., Ltd. (hereinafter “J”). On May 29, 2017, J paid the Plaintiff the total amount of KRW 4,800,000 for each victim upon the Plaintiff’s claim for reimbursement.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's ground for claim

A. The instant accident occurred due to the Defendant’s total negligence, which is the Defendant’s driver, and the Defendant is obligated to compensate the victims for the damages caused by the instant accident, and the Plaintiff paid the insurance money as above to the victim F and G with regard to the payment of the insurance money.

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