beta
(영문) 서울중앙지방법원 2016.01.26 2015가단73676

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with the Plaintiff’s business-use taxi (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into a comprehensive automobile insurance contract with the Defendant’s vehicle B (hereinafter “Defendant”).

B. On May 5, 2014, at around 00:20, at the front road of Gangnam-gu Seoul Metropolitan Government (hereinafter “the instant accident point”), the Plaintiff’s vehicle runs along one lane between the four-lanes in the direction of the calendar station in the distance of the instant hospital, and the Defendant’s vehicle driving along two-lanes in the direction of the calendar station in the direction of the instant accident point, in violation of the signal at the location of the instant accident, while the Defendant’s vehicle driving along the two-lanes of the two-lanes of the two-lanes in the direction of the station distance in the calendar station in the direction of the vehicle in the direction of the Defendant vehicle (hereinafter “the instant accident”), suffered injury by D and E, the passenger of the Plaintiff vehicle.

(A) An accident scene map representing the particulars of the accident as a picture shall be as specified in attached Form 3).

The plaintiff paid insurance proceeds to D and E, and the sum paid to E as the sum of agreed amounts and treatment costs is KRW 118,332,160.

In the occurrence of the instant accident, the Plaintiff and the Defendant agreed to the rate of fault between the Plaintiff’s driver and the Defendant’s driver 80:20. On November 25, 2014, the Defendant remitted money equivalent to the Defendant’s fault ratio among the money that the Plaintiff paid to D on November 25, 2014, but did not remit money to E.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 2 and 3, and the purport of the whole pleadings

2. The parties' assertion

A. In relation to the Plaintiff’s assertion 1, the Plaintiff agreed with the Defendant on the ratio of negligence on both sides related to the instant accident and received indemnity amounting to 20% of the Defendant’s fault ratio of D’s insurance money. Accordingly, the Plaintiff and the Defendant are liable for reimbursement due to the instant accident.