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(영문) 서울중앙지방법원 2015.11.03 2015가단131077

구상금

Text

1. The Defendant’s KRW 14,147,100 for the Plaintiff and 5% per annum from February 17, 2015 to November 3, 2015.

Reasons

1. Basic facts

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. At around 18:50 on November 17, 2014, there was an accident between the Defendant’s vehicle and the Plaintiff’s vehicle crossing each other at the intersection where there is no signal light, etc. in 139, which is 139, ebb.g., the Plaintiff’s vehicle.

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

On February 16, 2015, the Plaintiff paid insurance proceeds of KRW 29,639,00 in total with the repair cost of the Plaintiff’s vehicle. On December 18, 2014, the Defendant paid insurance proceeds of KRW 1,344,800 with the repair cost of the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff asserts that the accident in this case occurred due to the collision between the defendant and the driver of the plaintiff's vehicle who entered the intersection and the defendant's 29,639,000 won of the insurance money paid by the plaintiff to the defendant, claiming that the rate of negligence between the plaintiff's driver and the driver of the defendant's vehicle should be 0:10,00, and that the accident in this case occurred due to the plaintiff's neglect of the driver's duty to give attention to the defendant's vehicle who entered the intersection at the intersection, and therefore, the rate of negligence between the plaintiff's driver and the driver of the defendant's vehicle shall be 60:40,00 won [30,983,80 won of the insurance money paid by the plaintiff 29,639,00 won x 1,344,800 won of the insurance money paid by the defendant - 1,344,800 won].

3. The driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled shall drive the motor vehicle in the way of other motor vehicles, when the motor vehicle is already traveling through the intersection;