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(영문) 서울남부지방법원 2018.01.12 2016가단240363

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the Plaintiff Company B (hereinafter referred to as the “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to the Global Pene C vehicles owned by the Defendant (hereinafter referred to as the “Defendant”).

B. A around 05:05 on October 10, 2015, while driving the Plaintiff’s national highway No. 4 located in Geumcheon-si, Geumcheon-si, Geumcheon-si, and driving the Plaintiff’s road No. 4 on the side of the racing from the Gyeongsan-si to the racing area, Party A was driving across the median line to the opposite lane.

C. A conflicts with the front part of the victim E-driving vehicle (hereinafter referred to as “victimd vehicle”) that operated the Plaintiff’s vehicle normally with the front part of the vehicle, and caused the Plaintiff to die at the scene;

(hereinafter referred to as the "Prior Accident") D.

Then, the front part of the U.S. F driver's vehicle driving after the damaged vehicle conflicts with the front part of the damaged vehicle's vehicle's seat that stopped in the two-lane due to the shock of the above accident.

(hereinafter referred to as the “instant accident”). E.

The Plaintiff spent 270,000,000 won as damages due to the death of the Plaintiff’s vehicle as the insurer, and 5,870,000 won as the repair cost of the damaged vehicle.

[Ground of recognition] Evidence Nos. 1 through 10, Evidence Nos. 1-1 through 5-3, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred concurrently due to the negligence of the Defendant’s driver, who caused the occurrence of the instant accident, by negligence, such as failure to perform the duty of safety driving and failure to perform the duty of safety driving, etc., of the damaged vehicle, which was stopped on the right side of the road after collision with the Plaintiff’s vehicle. Therefore, the Defendant is liable to compensate for damages by 20% out of the amount of damages paid by the Plaintiff according to the ratio of negligence contributed to the occurrence

B. The defendant's driver of the defendant's vehicle is the defendant's assertion in force.