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(영문) 서울중앙지방법원 2017.01.12 2016나45907

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with respect to A bus (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On February 26, 2014, while the Plaintiff’s vehicle is proceeding along the two lanes in front of the Seongbuk-gu Seoul Seongbukdong 1, Seongbuk-gu Seoul Metropolitan Government Police Station, it is urgent for the Plaintiff’s vehicle to find and rapidly operate the Defendant vehicle by changing the vehicle from one lane to two lanes, while the previous vehicle is proceeding along the two lanes in front of the Seongbuk-gu Police Station.

The above cargo vehicle shocks the right side of the vehicle, and there was an accident that conflicts with the defendant vehicle (hereinafter “instant accident”).

C. By October 7, 2014, the Plaintiff paid insurance proceeds of KRW 11,264,540 to the passengers and seven other persons of the Plaintiff’s vehicle, who were injured by the instant accident, as the medical expenses and damages.

On the other hand, the Defendant paid the insurance money to the passengers of the Defendant’s vehicle with the medical expenses, etc., and filed a claim for reimbursement with the Plaintiff and Hyundai Marine Fire Insurance Co., Ltd., the insurer of the instant cargo vehicle, as co-defendants. On February 10, 2015, the said court rendered a compulsory adjustment decision to the effect that the negligence of the Defendant’s vehicle was 80% decided on February 10, 2015, and the said compulsory adjustment decision became final and conclusive around that time.

(hereinafter referred to as "related case"). [Grounds for recognition] The fact that there is no dispute, each entry or video of Gap evidence Nos. 1 through 14 (including branch numbers, if any) or the purport of the whole pleadings.

2. Occurrence and scope of liability for damages;

A. The plaintiff alleged by the parties: The accident in this case occurred due to the sudden change of the defendant's vehicle's sudden course, and thus, the defendant's negligence is significant. The defendant determined the ratio of negligence to 80% in the related case caused by the same accident.