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(영문) 서울중앙지방법원 2016.06.09 2015나42253

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to CBT car (hereinafter “Plaintiff”), and the Defendant is the driver of DH car (hereinafter “Defendant vehicle”), and the Codefendant of the first instance trial and the Codefendant of LBC Codefendant of the first instance trial (trade name after the alteration: case non-life insurance Co., Ltd.; hereinafter “Defendant Non-life insurance company”) is the insurer who entered into the automobile insurance contract with respect to the Defendant vehicle.

B. B, around 12:50 on May 25, 2013, driving the Plaintiff’s vehicle, and driving a road near the Hancheon-gun, Gyeonggi-gun, Gyeonggi-do, along the three-lanes of the Hancheon-gun, along the boundary of the Dongcheon-gun, the road was driven along the three-lanes in the front-do, a Japanese fire fighting letter, and went into the two-lanes in order to change the two-lanes, and it was in conflict with the Defendant’s vehicle entering the two-lanes to change the lanes (hereinafter “instant accident”), and accordingly, E, who was on board the Defendant’s vehicle, was subject to pressure, etc. under Section 2, and received treatment, such as a fixed alcohol and fluid, etc. between the two-lane and the three-lane trend (hereinafter “the instant injury”).

C. By February 3, 2014, the Plaintiff paid KRW 11,045,842 for medical expenses to the medical institution in which E had received treatment, and KRW 88,045,842 for total insurance proceeds, including KRW 77,00,00 for consolation money, daily profit, and future treatment expenses, to the mother of the legal representative of E who had been a minor at the time of the accident on April 28, 2014.

Article 45 (1) of the Regulations on the Implementation of the Mutual Agreement on the Deliberation of Claims for Compensation of Automobile Insurance provides that in cases where the negligence on the part of the victim can be applied, the prior insurer shall investigate whether the fault on the part of the victim can be applied to the other passenger and shall not be treated by applying the negligence on the part, and shall not be claimed for that part.