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(영문) 서울중앙지방법원 2017.08.08 2016가단5141861

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the Category B new Track Vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the motor vehicle owned by C (hereinafter “Defendant”).

B. On May 21, 2015, around 20:35, A: (a) driven the Plaintiff’s vehicle and the owner of the Plaintiff’s vehicle and the driver’s and the driver’s and the driver’s and the driver’s and the Defendant’s vehicle were damaged on the part of the Plaintiff and the Defendant’s side while driving the 819 local highway (hereinafter “instant road”) along the two-lanes of the Gamamamban-gun, Young-gun, Young-gun, the Gamban-si, the Gamban-si (hereinafter “instant road”) along the two-lanes of the Bamban-si.

(hereinafter “instant accident”). C.

The road of this case was her length in the straight line, and the speed limit was 80km per hour, and the vehicle of the defendant side was in operation with the rear ringer and the rear ringer, etc. without carrying the ringer separately, and A stated at the investigative agency that the accident occurred while driving the road without taking measures such as cutting the light of the vehicle of the defendant side by an electronic sign board which has broken down and reducing speed.

The Plaintiff paid to A total of KRW 234,671,170,000,000,029,460, and KRW 20,713,880, as the repair cost and medical expenses, respectively, to D, with the insurance proceeds for self-physical accidents, and KRW 3,927,830,00.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 11, Eul evidence 1 to 4 (including each number, if any) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion was caused by the negligence of the Defendant’s driver C as follows, and the Defendant is the Defendant’s vehicle out of the insurance money paid by the Plaintiff to the Plaintiff.