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(영문) 서울중앙지방법원 2019.03.08 2017가단5196349

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 concluded an automobile insurance contract with E with respect to D vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has concluded an automobile insurance contract with respect to F vehicles (hereinafter “Defendant vehicles”).

B. Around 00:50 on July 14, 2015, while driving the Plaintiff’s vehicle and driving the Hlaund road in front of the Hlaund site G in regular Eup along one-lanes from the H hotel distance to the Ist page, the Plaintiff’s vehicle was shocked to the left side of the Defendant’s vehicle parked on the right-hand parking line (hereinafter “instant accident”). Accordingly, the J, the seat of the Plaintiff’s vehicle, sustained the injury, such as the escape of the movement and the damage of the number of trees.

C. The Plaintiff paid KRW 2,530,840 to E with insurance proceeds, and KRW 164,701,490 to J respectively.

[Ground of recognition] The fact that there has been no dispute, each entry or video of Gap's 1 through 6 (including each serial number), and the purport of whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred between the negligence of the Plaintiff’s driver on front-time watch, failure to drive safe driving, etc., and the negligence of the Defendant’s driver who illegally parked the Defendant’s vehicle, and thus, E and the Defendant’s driver, who is the Plaintiff’s driver, bear joint tort liability.

However, as the insurer of the Plaintiff’s vehicle, the Plaintiff paid 167,232,30 won in total to J and E (=2,530,840 won 164,701,490 won). As a result, the Plaintiff acquired the right to indemnity against the Defendant, who is the insurer of the Defendant’s vehicle, inasmuch as the Defendant’s liability for damages was jointly discharged, the Plaintiff acquired the right to indemnity against the Defendant, who is the insurer of the Defendant’s vehicle. The share ratio of the Defendant’s driver is 30%, and the Defendant is 50,169,69 won (=167,232,30 won x 30%) corresponding to the share ratio of the Defendant’s driver, and this is accordingly.