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(영문) 서울중앙지방법원 2017.09.08 2016가단5270660

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 entered into a comprehensive motor vehicle insurance contract with A with respect to B vehicles (low-priced vehicles; hereinafter “Plaintiff vehicles”). The Defendant is a mutual aid association which entered into a mutual aid agreement on compensation for damages caused by a motor vehicle accident with respect to C taxi vehicles (the Defendant’s vehicle).

B. On October 24, 2015, around 18:17, the Defendant’s vehicle that caused the instant accident was driving along the four-lane road in front of the E hotel in D, Changwon-si, along the one-lane direction from the Changwon Viewer square to the luxro, and the Plaintiff’s vehicle was driving along the two-lane direction of the same direction.

At that time, the passage of the defendant's vehicle was far beyond that of the defendant's vehicle while the F, with its right-hand side in violation of the signal.

Plaintiff

The driver G(A) did not discover F and shocked F to the front of the Plaintiff’s vehicle.

(hereinafter) The instant accident occurred on November 10, 2015, while the F was suffering from injuries, such as cerebrovascular and cerebral damage, and was being treated as a result of the instant accident.

C. The Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 26,34,590 in total as the medical expenses of F on November 18, 2015 and December 30, 2015 (hereinafter “the Deceased”). On June 10, 2016, the Plaintiff paid KRW 240,000,000 to the deceased’s heir.

As a result of the criminal trial, G was indicted for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents with respect to the instant accident and was sentenced to a suspended sentence of one year for six months of imprisonment without prison labor for the following criminal facts on August 18, 2016, and the said judgment became final and conclusive around that time.

“G is a person engaged in driving of the Plaintiff’s vehicle, and the signal was installed on the front side of the road that was in progress at the time of the instant accident, and the signal signal of the signal apparatus was driven by red signal.