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(영문) 서울중앙지방법원 2018.09.18 2017가단5144119

구상금

Text

1. Defendant C’s KRW 104,261,070 as well as 5% per annum from May 12, 2018 to June 22, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with the F (hereinafter “Plaintiff”) and the Defendant E Federation (hereinafter “Defendant Association”) is a mutual aid implementer who has entered into an automobile mutual aid contract with the Defendant D Co., Ltd. (hereinafter “Defendant D”) on the H cargo vehicle (hereinafter “Defendant truck”).

B. At around 05:00 on July 11, 2016, Defendant C driven a I car (hereinafter referred to as “Defendant car”), and driven a three-lane of five-lane in the front of K in Seo-gu Incheon, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, in the direction of blue, and strokeed the Plaintiff’s vehicle (hereinafter referred to as “the first accident”), and the Plaintiff’s vehicle conflict with the Defendant’s cargo vehicle (Y 3) that was parked on the right side in order to avoid collision with the high-priced car set up on the front side while pushing ahead of it into the right side, and was parked on the right side.

(hereinafter referred to as “the second accident of this case,” and, when referring to the first accident of this case, hereinafter referred to as “the accident of this case”). The location of the accident of this case is as follows.

C. According to the instant accident, the driver of the Plaintiff’s vehicle F was injured by the open frame at the bottom of the light frame accompanied by non-alleys that require medical treatment for 16 weeks, and the passenger M was injured by the open frame between 16 weeks or more, and the Plaintiff paid F the total of KRW 167,625,520, and the total of KRW 167,625,520, and KRW 41,635,550,000, for the injury insurance to M.

Since then, the Plaintiff received KRW 105,000,000 from N Co., Ltd., the insurer of the Defendant’s automobile.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 13, Eul evidence No. 1-8, 14, 16 through 25, 26, 35, 36, Eul evidence No. 2-1 through 4, and arguments.