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(영문) 대구지방법원 경주지원 2017.03.21 2016가단10813
구상금
Text

1. The Defendants jointly share KRW 29,859,651 to the Plaintiff and Defendant Hyundai Marine Fire Insurance Co., Ltd.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with Nonparty Posik-Sa Co., Ltd. with respect to CCorddo Sports Vehicles (hereinafter “Second Gak-Sa”)

Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Hyundai Sea”) is an insurer who entered into a comprehensive automobile insurance contract with Defendant A with respect to a motor vehicle owned Dives (hereinafter “first Dives”) and Defendant B is a driver who operated the first Lives with the permission of Defendant A.

B. On September 13, 2014, at around 20:25, Defendant B, while driving the first Literacy Vehicle with a blood alcohol content of 0.108% without a driver’s license, caused an accident (the first accident) involving Nonparty B’s shocking of Frocketing or other vehicles of Nonparty E driving (hereinafter “victim”) that was under normal progress on the opposite lane due to the negligence going beyond the central line on the road in front of the port of south-dong, Nam-dong, Nam-dong, Chungcheongnam-si, and caused the second accident involving the same direction as the damaged vehicle (hereinafter “the second accident”).

C. E is being treated at a hospital by suffering injuries, such as a brupt bomb, due to the first and second accidents (hereinafter collectively referred to as “instant accidents”).

However, Defendant Hyundai Sea refused to pay insurance money to Defendant B, the driver of the primary sea, claiming exemption from licenseless driving under the terms and conditions on the ground that Defendant B, the driver of the primary sea, was a non-licenseless driving.

Accordingly, during the period from April 9, 2015 to January 11, 2017, the defendant, the insurer of the second damage vehicle, is the non-party Samsung Reconciliation Marine Co., Ltd. (hereinafter referred to as "the non-party Samsung Reconciliation Marine Co., Ltd."), who paid the medical expenses, etc. in relation to the instant accident.

) A total of KRW 33,177,390 was paid to medical expenses, etc. (no dispute over the grounds for recognition exists).

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