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(영문) 서울중앙지방법원 2016.04.29 2015나46439

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with respect to Asi Vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into a comprehensive automobile insurance contract with respect to B Passenger Vehicles (hereinafter “Defendant Vehicles”).

B. At around 15:20 on October 3, 2013, the Plaintiff’s vehicle waiting at the front line of a stop line of the Handong-dong Handong-dong Handong-dong Handong-dong Handong-dong-dong-dong-si, and making a left turn to the left at the right-hand side of the main road in accordance with the left-hand signal, the Plaintiff’s vehicle was discovered and immediately operated the Defendant’s vehicle entering the intersection with a flow of three-lanes from the north-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, with the left-hand turn signals. In addition, the Plaintiff’s passenger suffered injury, such as mercury-do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

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

By November 12, 2014, the Plaintiff paid the mutual-aid amount of KRW 2,520,000 [the amount calculated by taking account of C’s negligence ratio (10%) to the total amount of damage, including the amount of shutdown damage equivalent to three days during the expected hospitalization period at the time of the agreement, which is equivalent to the amount of damage suffered by C out of the total amount of damage, including the amount of shutdown damage equivalent to three days during the expected hospitalization period at the time of agreement]; and

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 to 11 (including additional number, if any) and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident of this case occurred by the unilateral negligence of the driver of the defendant vehicle who entered the intersection in violation of the signal, and therefore, the defendant asserts that he is liable to compensate the plaintiff for the total amount of the indemnity equivalent to the above mutual aid amount and the damages for delay.

As to this, the defendant is the driver of the plaintiff vehicle.