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(영문) 서울중앙지방법원 2016.07.12 2016가단5008728

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 comprehensive insurance contract with respect to B vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is the insurer of C Vehicle (hereinafter “Defendant Vehicle”).

B. On September 21, 2015, A driven the Plaintiff’s vehicle on September 23:35, 2015, and passed through the scopic scopic scopic scoping distance from the scopher to the scopic gate, driving along the two-lanes of the three-lanes, and driving along the two-lanes of the two-lanes from the scoping direction to the right side of the Plaintiff’s vehicle, leading to death.

(hereinafter referred to as “instant accident”). C.

By February 15, 2016, the Plaintiff spent total of KRW 121,752,370 as D’s medical expenses and agreed amount as the insurer of the Plaintiff vehicle.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, Eul's 1 or 2, and the purport of whole pleading

2. The driver of the Defendant’s vehicle, in front of the Plaintiff’s vehicle, was negligent in performing his duty of front-time care and safe operation while driving the front-time driver’s vehicle, resulting in the Plaintiff’s vehicle driver who was unable to discover D because the front-time driver’s view was restricted by the Defendant’s vehicle, and caused the driver of the Plaintiff’s vehicle to shock D by force.

The instant accident is a joint tort caused by the negligence between the Plaintiff’s driver and the Defendant’s driver’s negligence. The Plaintiff, the insurer of the Plaintiff’s vehicle, paid insurance proceeds of KRW 120,658,90 to the victim and thereby exempted the Defendant’s driver from liability for damages for damages against D. As such, the Defendant, the insurer of the Defendant’s vehicle, is obligated to pay to the Plaintiff the Plaintiff KRW 24,350,474 equivalent to the percentage of the Defendant’s driver’s negligence among the above insurance proceeds paid by the Plaintiff pursuant to Article 682 of the Commercial

3. Prior to the determination.

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