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(영문) 서울중앙지방법원 2017.09.20 2017나14573

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

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with C (hereinafter “Defendant”) with respect to the vehicle B (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded each automobile insurance contract with C (hereinafter “Defendant”).

B. On December 12, 2015, around 22:54, the driver of the Plaintiff’s vehicle, along the three-lanes of the JC road in the vicinity of the JC road in Gyeyang-gu, Goyang-gu, Goyang-gu, and the three-lanes of the five-lane road in the vicinity of the JC road. The driver changed the two-lanes from the front line to the two-lanes, and changed the two-lanes into the front line of the Plaintiff’s vehicle, and the two-lanes of the Defendant vehicle in the front line from the front line to the two-lanes. The damaged vehicle was destroyed by the shock of the D vehicle that the shocked Defendant vehicle driven along the same direction as one-lane (hereinafter “victimd vehicle”), and the driver and the passenger suffered the injury of the damaged vehicle and the passenger.

(hereinafter referred to as “instant accident”). C.

On December 16, 2015 and February 12, 2016, the Plaintiff paid KRW 6,045,000 as the repair cost of the damaged vehicle due to the instant accident, and KRW 3,198,220 as the medical expenses and the amount agreed upon by the driver and the passenger of the damaged vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred concurrently between the negligence of the driver of the plaintiff vehicle and the negligence of the driver of the defendant vehicle. Since the negligence ratio of the driver of the defendant vehicle exceeds 50%, the defendant asserts that the defendant should pay to the plaintiff 4,621,610 won and damages for delay equivalent to 50% of the insurance money paid by the plaintiff.

The defendant asserts that the accident of this case occurred by the whole negligence of the driver of the plaintiff vehicle.

B. In other words, the driver of the Plaintiff’s vehicle, who is recognized by the overall purport of each of the aforementioned evidence and arguments, was driving the Plaintiff’s vehicle while changing the speed exceeding 20 km.