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(영문) 부산지방법원 2015.04.24 2014나15306

구상금

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On March 28, 2013, the Plaintiff entered into a comprehensive automobile insurance contract with B on March 28, 2013 with CMW 320d Automobiles owned by B (hereinafter “Plaintiff”) with the following contents, and D is the wife B.

(1) Insurance period: From March 28, 2013 to March 28, 2014. < Amended by Presidential Decree No. 25190, Mar. 28, 2013; Presidential Decree No. 2510, Mar. 28, 2014>

B. The Defendant, at around 15:00 on May 11, 2013, driven a Maz car (hereinafter “Defendant vehicle”) and passed the G intersection (hereinafter “instant intersection”) in the direction of H in the direction of H, while driving in the direction of K from J to the direction of K, received the part on the left side of the Plaintiff’s vehicle that had already entered the intersection as the front part of the Defendant vehicle.

(hereinafter referred to as "the accident of this case"). (c)

On May 21, 2013, the Plaintiff paid KRW 1,932,300 as insurance money for the Plaintiff’s vehicle damages in accordance with the aforementioned comprehensive automobile insurance contract.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 4, purport of the whole pleadings]

2. Determination as to the cause of action

A. The Defendant caused the instant traffic accident by negligence, despite the duty of care to safely enter and pass through the intersection by examining well the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and right

Therefore, the defendant is obliged to pay the amount of indemnity equivalent to the amount of the plaintiff's liability upon the plaintiff's subrogation pursuant to Article 682 of the Commercial Act.

(b) Right of indemnity;