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(영문) 대전지방법원 2017.12.15 2017가단212047

손해배상(기)

Text

1. In relation to the accident described in the attached list, the Plaintiff's liability for mutual aid money and damages against the Defendant is 75.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that entered into an automobile mutual aid insurance contract with respect to the private taxi owned by Nonparty B (hereinafter “Plaintiff”).

B. At around 11:45 on November 29, 2016, B, while driving the Plaintiff’s vehicle and trying to move to the direction of people’s sports-for-all in the direction of the gale distance along three lanes of the three-lane road in front of the intersection in Seo-gu Daejeon, Seo-gu, Seo-gu, the front of the FF-small Epia (hereinafter “Defendant Oba”), which was going toward the direction of the right side from the left side of the Plaintiff’s vehicle, was shocked toward the left side of the Plaintiff’s vehicle. Accordingly, the Defendant, as Defendant Oba driver, suffered from the injury of the left side leg, the upper left side salkin salt, the lower left side salkin salt, the left side sal part, and the left-hand salkin salt.

(hereinafter referred to as “instant accident”). C.

After the instant accident, from December 3, 2016 to March 13, 2017, the Defendant received outpatient medical treatment from G outside Korea, Haryaryary department, Gyang University Hospital, I Medical Center, etc., and the Plaintiff paid the aggregate of KRW 852,550 as mutual-aid money.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 through 6, Eul evidence 1 to 5 (including paper numbers; hereinafter the same shall apply) or video, the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff’s assertion should yield the course to the Plaintiff’s vehicle entering the intersection from the Defendant Oraba to the intersection, the Plaintiff’s fault at crossing the intersection without going through the intersection due to violating the intersection passage method, and thus, the Plaintiff’s responsibility should be limited to 40% of the Plaintiff’s liability due to the instant accident.

Therefore, the Defendant’s damage caused by the instant accident is merely 401,020 won (=(medical expenses of KRW 150,000 x 852,550 x 40%). The Plaintiff already paid KRW 852,550 to the Defendant’s medical expenses. As such, the Plaintiff paid the Plaintiff’s mutual aid money and damages to the Defendant in relation to the instant accident.