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(영문) 서울남부지방법원 2015.08.27 2015나52447

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

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with A and B (hereinafter “Plaintiff”) with respect to a motor vehicle, and the Defendant is the insurer who has concluded a mutual aid contract with respect to the CTrac vehicle (hereinafter “Defendant”).

B. D, around 10:40 on June 12, 2013, when driving the Defendant vehicle and driving the Defendant vehicle, and driving the three-lanes of the 4-lane road near the 0th 0th erode in the erode of the erode of the erode of the erode of the erode of the erode of the erode of the erode of the erode of the erode of the erode of the erode of the erode of the erode of the erode, immediately before entering the erode intersection, the defect of the erode of the erode of the erode in the upper part of the erode, turned off the erode of the erode into the left part of the erode, and turned down the erode beyond the central line.

Accordingly, there is a conflict between the front part of the Plaintiff vehicle, which was placed in contravention of the signal in front part of the Defendant vehicle, which was placed in front of the center line, and the part adjacent to the left side of the Defendant vehicle, which continued to proceed by the Defendant vehicle, and the signal controler and signal sign pole (hereinafter “signal controler, etc.”) installed in India, which continued to proceed.

(hereinafter referred to as “instant accident”) the Defendant’s vehicle has a collision with signal control devices, etc.

Until February 25, 2014, the Plaintiff, as an insurer of the Plaintiff vehicle, paid KRW 12 million in the cost of restoring signal control equipment, etc., and KRW 720,000 in total, KRW 1272,00 in the cost of assessing the amount of damages.

[Ground for Recognition: Facts without dispute, entries or images of Gap evidence 1 through 6 (including branch numbers), and the purport of whole pleadings]

2. The defendant's judgment on the defense prior to the merits does not go through the dispute resolution procedure stipulated in the "Mutual Agreement on the Deliberation of Motor Vehicle Insurance Claim Dispute."