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(영문) 서울중앙지방법원 2017.08.24 2016가단5099014

구상금

Text

1. The Defendant’s KRW 29,900,000 as well as the Plaintiff’s annual rate of KRW 5% from February 26, 2016 to July 21, 2016.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 11 and the entire purport of the pleadings:

The Plaintiff is an insurance company that entered into a liability insurance contract with A as the insured on October 31, 2014 with regard to the operation by proxy with A as of November 2, 2014 to November 2, 2015 (hereinafter referred to as “instant liability insurance”) and the Defendant is a mutual aid company that entered into a mutual aid agreement with B (hereinafter referred to as “instant cargo vehicle”).

(hereinafter referred to as the “instant mutual aid”) B.

On October 29, 2015, at around 02:57, C, an agent affiliated with the insured of the instant liability insurance, stopped e-benz automobiles owned D (hereinafter “instant benz automobiles”) in order to make a right-hand passage on the three-lane roads adjacent to the Geumei IC, which go through Dongcheon-dong-dong, from the Sugcheon-dong, around October 29, 2015. However, there was an accident where C, who attempted to make a right-hand passage by entering the two-lanes of the instant freight, had the instant benz automobiles obstructed the left-hand side of the instant benz automobiles.

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

On February 25, 2016, pursuant to the instant liability insurance contract, the Plaintiff paid KRW 29,900,000 to the Hansung Automobile Co., Ltd. which accepted the said car at its repair cost for the instant passenger car due to the instant accident.

2. According to the allegations and the above findings, the accident in this case was previously waiting for the right-of-way transit, but the driver of the freight in this case attempted to make a right-of-way transit on the two-lanes, and it was a shock of the above benz automobiles, and the defendant, a mutual aid business operator of the freight in this case, bears the duty to compensate the owner of the freight in this case for the repair cost of KRW 29,900,000, which is the amount of damage caused by the accident in this case.