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(영문) 서울중앙지방법원 2016.12.21 2016나56426

구상금

Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

2...

Reasons

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On August 28, 2014, around 19:20 on August 28, 2014, the Plaintiff’s vehicle shocked the Defendant’s vehicle driving the C restaurant in the front of the D restaurant located in the Busan East-gu, Busan-si, to the left-hand turn from the shore boundary to the left-hand side of the coastal intersection, while the traffic signal at the right-hand direction of the above intersection was red, but in violation of this, the Plaintiff’s vehicle was driven by the Defendant’s vehicle driving in the lux bank from the lux

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

On February 11, 2016, the Plaintiff paid KRW 361,000 insurance money under the name of the repair cost for the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entry or video of Gap's evidence 1 to 5, purport of whole pleading

2. Determination

A. According to the above facts, the accident of this case occurred due to the total negligence of the driver of the defendant vehicle who violated red signal, and thus, the defendant, the insurer of the defendant vehicle, is liable to compensate for the damage of the plaintiff vehicle due to its operation.

B. As to this, the defendant paid the insurance money to the defendant for the accident of this case, and then filed a request for deliberation by the committee for deliberation on indemnity and decided on the premise of 80% of the negligence of the plaintiff's vehicle. Thus, the plaintiff asserted that the claim of this case under the premise that there was no negligence of the plaintiff's vehicle, as long as it is no longer possible to dispute the above decision in accordance with the mutual agreement on the deliberation on the dispute over automobile insurance.

The fact that the Defendant determined the negligence of the Plaintiff’s vehicle as 80% in the deliberation and resolution of the indemnity fee deliberation committee claimed against the Plaintiff, and the said adjustment decision became final and conclusive is the same as the

However, automobile insurance entered into by the plaintiff and the defendant as a party to the agreement.