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(영문) 서울중앙지방법원 2017.08.09 2017나16340

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

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

B. On September 27, 2015, at around 13:50 on September 27, 2015, the Plaintiff vehicle and the Defendant vehicle moved along the passage in the Gyeyang-gu Incheon Gyeyang-gu Incheon Metropolitan City Underground Parking Lot (hereinafter “instant parking lot”), the Defendant vehicle contacted the right side of the Plaintiff vehicle, which was stopped at the time of locking, into the left side of the Defendant vehicle, and went behind.

(hereinafter “instant accident”). C.

On October 28, 2015 and November 17, 2015, the Plaintiff paid the insurance proceeds of KRW 779,660 as the repair cost for the Plaintiff’s vehicle due to the instant accident, and additionally paid the insurance proceeds of KRW 1,857,60 in total under the name of the Plaintiff’s driver’s medical expenses and the amount agreed (i.e., medical fees of KRW 939,030).

On the other hand, around January 4, 2016, the indemnity fee dispute deliberation committee decided the ratio of negligence between the plaintiff's vehicle and the defendant's vehicle according to the instant accident to 50: 50.

According to the above fault ratio, the defendant paid 464,830 won out of the repair cost of the plaintiff vehicle as the amount of indemnity and completed the settlement thereof.

However, the defendant did not pay the medical expenses and the insurance money in the name of the agreement for the plaintiff driver paid by the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s driver sustained injuries due to the instant accident.

Accordingly, the Plaintiff paid insurance money of KRW 1,857,600 to the Plaintiff’s driver for the purpose of medical treatment and agreement.

However, since the negligence ratio of the plaintiff's vehicle and the defendant's vehicle related to the accident of this case is 50: 50, the defendant, out of the insurance money paid by the plaintiff to the plaintiff, 939,030 won as medical expenses.