beta
(영문) 서울중앙지방법원 2016.07.01 2016나15500

구상금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A-wheeled Motor Vehicle (hereinafter “Plaintiff”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B-Motor Vehicle (hereinafter “Defendant”).

B. On March 8, 2015, around 12:10 on March 8, 2015, the driver of the Plaintiff’s vehicle driven the national highway located in the Gangwon-do National Highway along the two-lanes from the front section to the front section of the front section of the Defendant’s vehicle, while changing the two-lane rapidly to the first section, and shocking the front section of the front section of the Defendant’s vehicle driving in the same direction from the first section.

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

By May 8, 2015, the Plaintiff sustained injury by C, who is the seat of the Defendant vehicle, and the Plaintiff paid insurance proceeds of KRW 79,030 with C’s medical expenses and the agreed amount.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number for those with several numbers), Eul evidence Nos. 1 to 7, or the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred by the negligence of the Plaintiff’s vehicle and the Defendant’s vehicle. Since the Plaintiff was exempted from liability by paying insurance proceeds to C, the Defendant is obligated to pay to the Plaintiff KRW 319,610, equivalent to 40% of the negligence of the Defendant’s vehicle out of the insurance proceeds paid by the Plaintiff, and delay damages therefrom

B. As to whether the accident of this case is recognized as the negligence of the driver of the Defendant vehicle, the following circumstances, i.e., the two lanes where the Plaintiff vehicle was in progress and the first lane where the Defendant vehicle was in progress, and there were many sufficient spaces to change the vehicle vehicle. However, the Plaintiff vehicle attempted to change the vehicle vehicle immediately in the future, and the Plaintiff vehicle driver attempted to change the vehicle vehicle in the direction while attempting to change the vehicle vehicle.