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(영문) 부산지방법원 2017.11.07 2016가단341381

구상금

Text

1. The Defendant’s KRW 6,584,863 to the Plaintiff is 5% per annum from September 1, 2016 to November 7, 2017.

Reasons

1. Basic facts

A. On January 2, 2016, at around 16:35, B (hereinafter “Plaintiff”) driven a vehicle (hereinafter “Plaintiff”) and caused an accident of shocking the front part of the E vehicle driven on the opposite opposite vehicle (hereinafter “victim”), which was driven by the center line, while passing D in Busan-gu, Busan-gu C, causing the accident of shocking the front part of the damaged vehicle (hereinafter “victim”). immediately thereafter, the F vehicle driven along the damaged vehicle (hereinafter “Defendant vehicle”) led to the rear part of the damaged vehicle.

(hereinafter referred to as "the accident of this case". (b)

The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract for the Plaintiff’s vehicle, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract for the Defendant vehicle.

C. The Plaintiff sustained injury from the victim G, H, I, and J on the instant accident, and the Plaintiff paid KRW 4,571,070, insurance money to the victim H by August 31, 2016, to the victim H by 33,969,69,690, insurance money to the victim H by 33,969,690, and insurance money to the victim I by 2,714,670, and the victimJ by 43,89,090, total insurance money to the victimJ by 2,643,660.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition, the victims of the accident in this case caused the collision between the negligence of the driver of the plaintiff vehicle who caused the collision of the damaged vehicle and the negligence of the driver of the defendant vehicle who concealed the damaged vehicle while driving without securing the safety distance. Thus, the defendant, who is the insurer of the defendant vehicle, a joint tortfeasor, is liable to pay compensation for the damages suffered by the victims, to the plaintiff who received joint immunity in proportion to the negligence of the driver of the defendant vehicle.

In this regard, the defendant suffered from the defendant's vehicle as the plaintiff's vehicle conflicts with the damaged vehicle at the fixed side.