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(영문) 서울남부지방법원 2018.06.07 2017가단226326

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Case summary and the parties' assertion

A. The occurrence of a traffic accident ① The Plaintiff is an insurer who has entered into an individual motor vehicle comprehensive insurance contract with A for the BM7 motor vehicles owned by it.

The defendant is the managing body of Chungcheongnam-gun budget C.

② On May 21, 2013, A, while under the influence of alcohol of 0.085% 0.085%, driven the said car from the road in the Drinam Budget-gun, Chungcheongnam-do, and moved G to F, located in Chungcheongnam-gun budget-gun, by driving the said car from the road in front of the Drinam Budget-gun, and go to F, from that point to that point, I, located in H in the Chungcheongnam-gun budget-gun, Chungcheongnam-gun, she left the right side of the I immediately preceding road and fell to J below.

(hereinafter referred to as “instant accident”). (3) A, who was in the driver’s seat of the instant accident, was injured by the following bridges, cages, cages, etc. requiring approximately 12 weeks’ medical treatment; G in the chief of the instant accident, was suffering from injury, such as a scarf, and a scarf, which require approximately 14 weeks’ medical treatment.

④ The Plaintiff paid A the amount of KRW 44,137,490 (including KRW 150,000) with the medical expenses, and the amount of KRW 91,125,800 with the medical expenses, etc. (including KRW 665,00,000, such as the payment expenses of the Korea Non-life-insurance Association).

[Grounds for recognition] Unsatisfy, Gap evidence 1 through 7, Eul evidence 3, the purport of whole pleadings

B. The Plaintiff’s assertion 1) The point where the instant accident occurred is a section that is rapidly changing into a bend road on the left side, and thus, the Defendant was negligent in neglecting the construction of the starting point, lighting, and vehicle protection facilities to prevent the vehicle from falling. However, the Plaintiff acquired the right of reimbursement by compensating the Plaintiff for all damages incurred due to joint tort, and the Defendant’s fault ratio in relation to the instant accident is 30%. Accordingly, the Defendant is obliged to pay the Plaintiff the amount claimed and the interest thereon. 2) The instant accident is operated and operated by the Defendant.