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(영문) 서울중앙지방법원 2015.11.05 2014나36565

구상금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.

Reasons

1. Basic facts

A. With respect to A vehicle (hereinafter “Plaintiff”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”), and the Defendant’s insured under the above insurance contract is C and the registered driver is D.

B. On December 21, 2012, E driving the Plaintiff’s vehicle on the snowway around 13:00, and driving the Plaintiff’s vehicle on the direction to enter the said expressway within the business-side area of the city-dong Highway, E. In order to go to the gas station located within the said expressway, the Plaintiff’s left-hand part of the front-hand part of the Defendant’s vehicle, which was going on the left-hand side from the front-hand side of the Plaintiff’s driving direction, was shocked by the front-hand side of the vehicle in order to go to the gas station located within the said expressway (hereinafter “instant accident”), and accordingly, the Defendant’s vehicle suffered each injury.

C. By February 1, 2013, the Plaintiff paid KRW 2,268,880 in total of F’s medical expenses and agreed amount, KRW 2,271,440 in total of G’s medical expenses and agreed amount, and KRW 1,142,240 in total of D’s medical expenses and agreed amount. The Plaintiff paid KRW 60,000 in insurance proceeds to the Korea Non-life-insurance Association on July 9, 2013.

On July 19, 2013, the Plaintiff filed a petition against the Defendant for deliberation by the Deliberative Committee on Disputes over Compensation for Automobile Insurance (hereinafter “Deliberative Committee”). On September 30, 2013, the Deliberative Committee set the negligence ratio of the Plaintiff against the Defendant on the part of the Plaintiff: 7:3, which received only KRW 1,362,090 equivalent to the liability ratio from the Defendant upon receipt of only KRW 1,362,090, the Plaintiff filed the instant lawsuit against the Defendant on October 24, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4 (including each number, if any) and the purport of the whole pleadings

2. The plaintiff alleged by the parties concerned is that the accident in this case occurred with the wind that the original defendant's vehicle turns off each other, and the fault ratio on both sides.