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(영문) 서울중앙지방법원 2018.10.10 2018나38514

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

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. Around 16:00 on August 8, 2015, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and was going through the connecting passage between floors at the underground parking lot of the Mebox filmer’s building located in the Kimpo-si, Kimpo-si (hereinafter “instant parking lot connections”). On the left side of the Plaintiff’s vehicle, the Plaintiff’s driver shocked the part of the Defendant’s vehicle, which was driven through the instant parking lot connecting the instant parking lot on the back side of the back side of the Plaintiff’s vehicle.

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

On August 13, 2015, the Plaintiff paid KRW 400,000 to Defendant Vehicle C with insurance proceeds under the name of medical expenses and agreement.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 3, Gap evidence 2, Eul evidence 1's images and the purport of whole pleadings

2. The parties' assertion and judgment

A. The main point of the party's assertion (i) The defendant vehicle driver, at the time of initial inspection, was aware of the fact that the vehicle driver was on the part of the plaintiff vehicle through the connecting passage of the instant parking lot without due care, conflicts between the plaintiff vehicle and the defendant vehicle while driving the vehicle by breaking the center line of the connecting passage of the instant parking lot. The accident in this case occurred due to the total negligence of the defendant vehicle driver.

However, the Plaintiff paid the insurance money of KRW 400,000 with the medical expenses and the amount agreed upon by Defendant Vehicle C due to the instant accident for the insured of the Plaintiff vehicle, by subrogation of the insurer under Article 682 of the Commercial Act, thereby obtaining the right to claim damages against the Defendant Vehicle driver of the Plaintiff vehicle.

Therefore, the defendant, who is the insurer of the defendant vehicle, is the insurer of the defendant vehicle, 400,000 won and this.

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