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(영문) 서울중앙지방법원 2016.01.29 2015나32805

구상금

Text

1. Of the judgment of the court of first instance, KRW 326,100 against the Plaintiff and the Plaintiff regarding this, from July 11, 2014 to January 29, 2016.

Reasons

1.The following facts may be found in each entry or image of Gap evidence 1 to 5, and Eul evidence 1 to 6 (including various numbers; hereinafter the same shall apply), unless there is a dispute between the parties, or as a whole the purport of the entire pleadings:

The plaintiff is a mutual aid business operator who has entered into a comprehensive motor vehicle mutual aid agreement with Csi (hereinafter referred to as the "Plaintiff"), and the defendant is an insurer who has entered into a comprehensive motor vehicle insurance contract with Dsi (hereinafter referred to as the "Defendant").

B. Around 13:50 on February 28, 2014, the Plaintiff’s Intervenor driven the Plaintiff’s vehicle, driving the front road of Yongsan-gu Seoul Special Metropolitan City Automatic Child Hospital (hereinafter “instant road”) along the two-lanes of the Seoul Station from the Cheongpong-dong Road to the Seoul Station, and changed the two-lanes into three-lanes. The Defendant’s front driver and the front part of the Plaintiff’s vehicle departing from the three-lanes of the instant road conflict with the front part of the instant road.

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

On July 10, 2014, the Plaintiff paid the mutual aid amount of KRW 1,087,00 to the repair company for the repair cost of the Plaintiff’s vehicle caused by the instant accident.

2. Assertion and determination

A. The plaintiff's assertion 1) The accident of this case occurred without discovering the plaintiff's vehicle while stopping on the road in this case and changing the lane. The plaintiff's negligence in the plaintiff's supplementary intervenor, the driver of the plaintiff's vehicle, and the defendant's negligence in the defendant's supplementary intervenor, the driver of the defendant's vehicle. Since the plaintiff's fault ratio of the plaintiff's supplementary intervenor and the defendant's supplementary intervenor's supplementary intervenor as to the occurrence of the accident of this case are about 20:80, the defendant, the insurer of the defendant's vehicle, is obligated to pay 869,600 won (1,087,000 won x 80%) with the defendant's fault ratio of 1,087,00 won paid to the plaintiff who is the mutual aid business operator of the plaintiff's vehicle of this case, and damages for delay