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(영문) 부산지방법원동부지원 2020.11.04 2019가단224681

구상금

Text

The defendant paid KRW 22,322,165 to the plaintiff and 5% per annum from March 27, 2019 to November 4, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business operator who has entered into a motor vehicle mutual aid agreement with C si (hereinafter “Plaintiff”), and the Defendant is a person who drives Obba at the time of the accident under the following sub-paragraph (b).

B. On December 17, 2014, at around 23:10 on December 17, 2014, the Plaintiff’s vehicle was passing along an intersection in which traffic controls in front of the E-art located in Busan Southern-gu (hereinafter “instant intersection”), and it conflicts with the Defendant’s U.S. U.S. (hereinafter “Defendant’s vehicle”).

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

Due to the above accident, F was injured by brain, blood transfusions, etc. in the two mouths, and passenger G was aboard the Plaintiff’s vehicle.

From the date of the accident to March 26, 2019, the Plaintiff paid F totaling KRW 44,344,330, and KRW 300,000 to G, respectively, for medical expenses and the agreed amount.

[Ground of Recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 1 through 5 (including each number), and the purport of the whole pleadings]

2. The assertion and judgment

A. The gist of the parties' assertion asserts that the plaintiff's vehicle entered the ship at the time of the accident in this case, and since the defendant's vehicle was bound by this case, the fault ratio of the defendant's vehicle to the accident in this case constitutes 80%, and therefore, the defendant should pay to the plaintiff KRW 35,715,464 equivalent to 80% of the insurance money paid to the plaintiff.

In this regard, the defendant asserts that since the defendant's vehicle is the road along which the defendant's vehicle passes and is the right road from the plaintiff's vehicle, the plaintiff's vehicle should have concession of the course to the defendant's vehicle, as the plaintiff's vehicle was negligent by entering the intersection, the ratio of negligence to the plaintiff's vehicle reaches 80%.

B. The above-mentioned facts of determination as to the negligence ratio, the evidence mentioned above, and Eul were Nos. 3 and 3.