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(영문) 서울중앙지방법원 2016.06.15 2015가단5302560

구상금

Text

1. The Defendant shall pay to the Plaintiff KRW 29,150,598 and the interest rate of KRW 15% per annum from May 31, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the A Poter Cargo Vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded the respective automobile insurance contract with respect to the B wing Vehicle (hereinafter “Defendant Vehicle”).

B. On November 21, 2013, at around 18:55, C driving the Plaintiff’s vehicle, and driving the Plaintiff’s vehicle along four-lanes in the direction of the direction of the centering at the location of the 23.1km away from the 5-lanes in the direction of the centering at the west-dong Seoul, Gangdong-gu Seoul. (hereinafter “victim”), C received the rear part of D’s Erabane truck (hereinafter “victim”).

그 충격으로 피해차량은 좌측 중앙분리대 방향으로 튕겨 나가면서 위 도로 2차로로 밀리게 되었다.

On the two-lane above, F driver's vehicle was in progress, and the front part of F driver's vehicle and the damaged vehicle's seat conflict.

As a result, the victim suffered serious injury, such as a telecommunication failure, due to the injury of the external cerebral cerebral ties, etc.

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

By May 23, 2016, the Plaintiff, as an insurer of the Plaintiff vehicle, paid the victim’s medical expenses of KRW 194,337,320 as insurance proceeds.

On October 2, 2014, the Plaintiff filed a request for deliberation (hereinafter “request for deliberation”) with the Defendant for the amount equivalent to 50% of the insurance proceeds paid by the Plaintiff to the victim of the instant accident, since the Defendant’s liability ratio is 50%, the Plaintiff paid the victim the instant accident amounting to 80,697,920.

On October 20, 2014, the Deliberation Committee rendered a deliberation and decision (hereinafter “instant deliberation and decision”) on October 20, 2014, stating that “the ratio of liability of the Plaintiff vehicle is 85%, the ratio of liability of the Defendant vehicle is 15%, and the amount of deliberation and decision is 12,104,68 won.”

The plaintiff and the defendant are fourteen days after receiving a service of deliberation and decision of the case.