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(영문) 서울중앙지방법원 2017.12.19 2016가단157656

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 2, 2014, at around 05:40, A driven a B vehicle (hereinafter “Plaintiff”) on July 2, 2014, driving the vehicle on the right side of the C driver’s D vehicle (hereinafter “Defendant”), which was parked from the right side of the right side of the C driver’s vehicle to the right side in order to avoid unexpected vehicles that change the vehicle from the two lanes to the one lane, driving along one lane from among the roads of the 253 km road along the right side of the C driver’s D vehicle (hereinafter “Defendant vehicle”) that was destroyed by the said accident, and the driver and the passenger of the Plaintiff were injured.

(hereinafter “instant secondary accident”). B.

The plaintiff is an insurer who has concluded a motor vehicle insurance contract with the plaintiff vehicle, and the defendant is a mutual aid business operator who has concluded a motor vehicle mutual aid contract with the defendant vehicle.

C. The Plaintiff paid KRW 165,838,050 as insurance money for the instant secondary accident.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the instant secondary accident occurred without any measure against subsequent accidents, such as parking a road along the side after the instant primary accident occurred, and installing safety signs, etc., without any safety personnel, after the driver of the Defendant’s vehicle was parked on the side at the night. Thus, the Defendant is obliged to pay the Plaintiff the amount of KRW 49,751,410 (=165,838,050 + 30%) equivalent to 30% out of the insurance amount already paid to the Plaintiff.

B. The evidence of the Plaintiff’s submission alone is difficult to acknowledge the Defendant vehicle’s negligence, such as violation of the duty of care regarding the occurrence of the instant accident, and there is no other evidence to acknowledge it.

Rather, the following circumstances, i.e., Defendant vehicles, which are acknowledged as having comprehensively taken into account each description of evidence Nos. 1 to 3, the purport of the entire pleadings.