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(영문) 수원지방법원 2016.01.22 2015가단26111

구상금

Text

1. As to the Plaintiff’s KRW 30,498,740 and its KRW 23,858,060 from January 27, 2015 to August 7, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract (hereinafter “instant insurance contract”) such as the insured, the insurance period from June 12, 2013 to June 12, 2014 with respect to the CABD vehicles owned by B and CAB, and the insurer entrusted with compensation affairs, etc. related to the government guarantee business under the Guarantee of Automobile Accident Compensation Act, and the Defendant is the driver of the DAB vehicle (hereinafter “Defendant vehicle”).

B. On November 16, 2013, the Defendant driven the Defendant’s vehicle at around 17:30 on November 16, 2013, while driving the Defendant’s vehicle, made a left-hand turn in violation of the signal from the south East East-dong, Incheon to the entrance of 6 Eco-ro, 634-1, and from the south East-dong, the left-hand turn was made. On the left-hand turn from the south East-dong, the Defendant driven the E-to-be (hereinafter “Plaintiff Oto-ba”), driving the said Sto-ba (hereinafter “the Plaintiff Oto-ba”) on the part of the Southern-dong, Chungcheongnam-dong, Incheon to the south-dong, the Defendant’s vehicle and the Plaintiff’s

(hereinafter “instant accident”). C.

Under the instant insurance contract, the Plaintiff paid KRW 47,716,120 on January 26, 2015 under the instant special agreement (hereinafter referred to as the “instant special agreement”), and KRW 6,640,680 on December 31, 2014 based on the government security business, respectively, to B, who is within the scope of the Defendant’s liability for damages arising from the instant accident.

The terms and conditions of the instant insurance contract stipulate the Plaintiff’s subrogation on the instant special agreement.

E. Meanwhile, the Plaintiff recovered KRW 23,858,060 out of the amount of injury insurance under the instant special agreement from a lot damage insurance company.

[Grounds for Recognition: Facts without dispute, entry of Gap evidence 1-6, purport of the whole pleadings]

2. Determination

A. According to the above facts, the accident of this case occurred by negligence against the defendant's signal, and thus, the defendant is the accident of this case.