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(영문) 서울남부지방법원 2018.01.26 2017나59893

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. The Plaintiff is an insurer who has concluded an automobile insurance contract with Aunast taxi (hereinafter “Plaintiff”), and the Defendant is the Federation of Business Associations that have concluded a car mutual aid contract with Bunast taxi (hereinafter “Defendant”).

B. On August 11, 2016, around 11:40, the driver of the Plaintiff’s vehicle parked on the right side of the said restaurant and the driver of the Plaintiff’s vehicle parked on the front side of the said restaurant, who was injured by the driver E and the passenger of the Defendant’s vehicle and damaged the Plaintiff’s vehicle, due to the collision with the driver’s seat door of the Plaintiff’s vehicle on the wind, when the vehicle was parked on the front side of the said restaurant due to the vehicle parked on the front side of both sides of the road.

(hereinafter “instant accident”). C.

The Plaintiff finally paid KRW 5,563,320 in the sum of KRW 1,836,570 as agreed money and treatment expenses to Defendant Vehicle F, KRW 2,848,450 as agreed money and treatment expenses to Plaintiff Vehicle E, and KRW 5,563,320 as repair expenses of Plaintiff vehicle. < Amended by Act No. 1430, Dec. 8, 2016>

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including additional numbers), Eul evidence No. 1 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to negligence of the Defendant’s failure to perform the duty of front-time care, and the negligence of the Defendant’s driver is equivalent to 30%. Therefore, according to the insurer’s subrogation doctrine, the Defendant shall pay to the Plaintiff the total amount of the insurance money paid by the Plaintiff to the Defendant’s passenger F and the insurance money paid to the Plaintiff’s passenger F, which is KRW 30% of the total insurance money paid by the Plaintiff, and KRW 1,118,085, and the total amount of the medical expenses paid to the Plaintiff’s driver, KRW 1,901,265, and delay damages.