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(영문) 서울중앙지방법원 2014.07.11 2012가단241560

구상금

Text

1. The Defendant interesting State Fire and Marine Insurance Co., Ltd.: KRW 64,405,184 and its related amount from January 7, 2011 to July 2014.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to C vehicles owned by the Plaintiff (hereinafter “Plaintiff”), and the Defendant A is the owner of D vehicles (hereinafter “Defendant”) and the Defendant interesting State Fire Marine Insurance Co., Ltd. is the liability insurer of the Defendant vehicle.

B. B, around 10:50 on July 22, 2010, when driving the Plaintiff’s vehicle and making a left-hand turn in the direction of the direction of the direction of the village at the intersection of the border distance located in the short north-ri, conflict with the Defendant’s Defendant A’s vehicle, who was directly engaged in the left-hand turn in the direction of the village at the intersection of the border distance located in the short north-ri, and due to this accident, B suffered injury, such as a long-term factory, a cuple of a suplic, and a duplic

C. B died on October 6, 201, when receiving hospitalized treatment at Gyeongbuk University Hospital for the treatment of injury suffered from the accident immediately after the instant accident occurred, around 09:45.

The plaintiff paid insurance proceeds of KRW 161,012,960,00 according to the comprehensive automobile insurance contract with B.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, and 6's statements, the purport of the whole pleadings

2. Whether the defendants' liability is recognized

A. As the Plaintiff’s assertion (i.e., the accident of this case occurred between the deceased and the Defendant A’s negligence, the Defendant Company, the liability insurer of the Plaintiff’s vehicle, jointly and severally, is obligated to claim an amount equivalent to 70% of the insurance money that the Plaintiff paid to the Plaintiff as the insurer of the Plaintiff vehicle, which is the fault ratio of the Defendant A.

B. The Defendants’ assertion that the instant accident occurred entirely from the deceased’s negligence, and the Plaintiff’s claim of this case is without merit.

B. In full view of the following circumstances, the deceased received a summary order of KRW 1,00,00 won due to the instant accident, taking into account the respective descriptions of Gap evidence Nos. 4, 5, Eul evidence Nos. 1 and 3 (including each number), and the purport of the entire arguments as a result of appraiser E’s appraisal.