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(영문) 서울중앙지방법원 2018.09.05 2018나13317

구상금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B vehicle (hereinafter “Defendant”).

B. On April 22, 2014, at around 08:55, C driven a D vehicle and proceeded to the intersection in the direction of the flow of the road near the F in the south-dong, Dong-gu, Dong-gu, Dong-gu, Dong-gu, and entered the intersection. The Plaintiff’s vehicle is driving the said C’s two-lane of the road in the direction of the driving of the said C, which is the two-lane to the right side of the vehicle, while proceeding to the direction of the Eastanan Museum in the direction of the Eastan Museum, the Plaintiff’s front side of the Plaintiff’s vehicle, while entering the said intersection, shocking the right side of the vehicle driven by the said C.

(hereinafter referred to as “the primary accident of this case”)

C Around 15:00 on April 29, 2014, while driving G vehicles, C stopped while entering the indoor parking lot within the 1758 Gamar 1758 Sinsan-ri, Sinsan-si, Sinsan-si. The Defendant vehicle proceeded in the direction opposite to the driving direction of the vehicle driven by the said C in the above indoor parking lot, and the front part of the vehicle driven by the said C was shocked on the front part of the Defendant vehicle.

(hereinafter “the second accident of this case”) D.

After the first accident in this case, the Plaintiff paid KRW 32,316,170 in total as insurance money from May 23, 2017 to the end of May 23, 2017. The Defendant paid KRW 5,193,250 in total, including C medical expenses, after the second accident in this case, from October 29, 2014 to October 29, 2014.

On the other hand, C made a written agreement between the Defendant to give up all rights related to the second accident of this case and to promise not to file a civil or criminal lawsuit or objection for any reason (hereinafter “instant agreement”).

[Ground of recognition] There is no dispute.