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(영문) 춘천지방법원 강릉지원 2018.02.06 2017나30856

구상금

Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. As to A and B vehicles (hereinafter “Plaintiff vehicle”), the Defendant is the Defendant’s vehicle below C.

The insurer is the insurer which has concluded each comprehensive automobile insurance contract.

B. On October 14, 2015, around 18:20 on the 18:20 on the 14th, the Defendant’s vehicle started in the two-lane straight signal waiting in the middle of the second straight line located in the intersection of Gangseo-si. Around that time, the Plaintiff’s vehicle obstructed the right side of the Defendant’s vehicle and kiding in the front of the Defendant’s vehicle while driving along the road divided line.

Accordingly, the front side of the defendant vehicle and the left side of the plaintiff vehicle are faced with each other.

hereinafter referred to as "the accident of this case"

C. The committee for deliberation on car insurance disputes has deliberated and resolved on the following: (a) the Plaintiff’s negligence on the occurrence of the instant accident was 90%; and (b) the Defendant’s driver’s negligence was 10%.

The Plaintiff paid KRW 3,00,000 to A on October 23, 2015 due to the instant accident, and KRW 11,362,82,820, total of KRW 8,312,430 on December 1, 2015 to the Gangseoansan Hospital that A received treatment, as insurance proceeds for self-physical accidents equivalent to the medical expenses.

E. On the other hand, "the terms and conditions applicable to the insurance contract of this case" are "the terms and conditions of this case".

Article 12 provides that, while the insured owns, uses and manages the insured motor vehicle, the insurer shall pay insurance proceeds for its own physical accident in accordance with the above terms and conditions when the insured suffers from the injury due to the operation of the insured motor vehicle.

F. In addition, Article 34 (1) and (2) of the Terms and Conditions of this case, where an insurance company has paid the insurance money to the insured, the insurance company acquires the rights of the insured to a third party within the scope of the insurance money paid, but does not obtain the rights of the insured to a third party in the case of a self-physical accident. However, the insurance money is subject to the payment of personal compensation and injury insurance money by an