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(영문) 서울중앙지방법원 2018.04.25 2017가단5186427

구상금

Text

1. The Defendant’s KRW 15,035,922 as well as the Plaintiff’s annual rate from June 1, 2017 to April 25, 2018, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to a motor vehicle A (hereinafter referred to as “Plaintiff”) for the insurance period from May 8, 2016 to May 8, 2017, and the Defendant is an insurer who entered into a motor vehicle liability insurance contract with respect to B truck (hereinafter referred to as “Defendant”), with respect to the insurance period from February 11, 2017 to May 11, 2017.

B. On April 12, 2017, at around 07:50, the Plaintiff’s vehicle entered the intersection with no signal lights in front of the Dmapt C located in Gangseo-si (hereinafter “instant intersection”) from the bend (west) side to the pentan oil station (dong side) of the Plaintiff’s vehicle, and the part with the rear wheels of the E-driving’s bicycle, which entered from the right side of the running direction of the Plaintiff’s vehicle to the instant intersection, was shocked with the front number plate of the Plaintiff vehicle.

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

At the time of the instant accident, the Defendant’s vehicle was parked at a corner (the right side of the Plaintiff’s vehicle running direction, and the left side of the bicycle running direction) on the corner of the road south of the instant intersection at the time of the instant accident, and the Plaintiff’s vehicle and the said bicycle conflict with the intermediate part of the instant intersection.

In the instant accident, E, the above bicycle driver, suffered injuries and died. D.

From May 25, 2017 to May 31, 2017, the Plaintiff paid KRW 150,359,220 as insurance proceeds in total, including all the agreed amount of KRW 142,00,00,00,000, including the medical expenses of E, lost earnings, funeral expenses, etc.

[Ground of recognition] Facts without dispute, Gap 1 through 10 evidence, Eul 1 and 2 evidence (including number; hereinafter the same shall apply)

2. The assertion and judgment

A. At the time of the instant accident, the Plaintiff 1’s assertion by the parties, as the Defendant’s vehicle that was illegally parked in the corner of the instant intersection at the time of the instant accident, the view of view is restricted, and the Plaintiff 1’s driver did not timely discover the E that gets a bicycle and enter the instant intersection.