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(영문) 서울중앙지방법원 2020.02.04 2019가단5238223

구상금

Text

1. The Defendant’s KRW 95,641,300 and the Plaintiff’s annual rate of KRW 5% from May 3, 2019 to December 21, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a person who has concluded an injury insurance contract with C (hereinafter “Plaintiff”) and the Defendant is a person who drives a vehicle E (hereinafter “Defendant”).

B. On June 27, 2018, at around 13:45 on June 27, 2018, the Defendant’s vehicle runs along the four-lane road in front of the Seoul Guro-gu Seoul Metropolitan Government along a single lane from the Guro-gu Office basin to the large forest basin.

In the intersection where signal, etc. is installed, there was an accident that the driver of the plaintiff vehicle C faced with the right string of the bus in front of the left-hand turn in accordance with the green progress by shocking the plaintiff vehicle, which was straight at the right-hand left-hand turn pursuant to the new green progress, and caused the accident that the driver of the plaintiff vehicle C suffers from the right-hand edge of the bus in stop, resulting in an injury such as an open frame of the right-hand string.

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

1) Since July 4, 2018 to May 2, 2019, the Plaintiff was entitled to liability insurance only, and the amount calculated by deducting the amount of KRW 110,000,000 from the agreed amount, KRW 38,241,30, KRW 400, KRW 148,641,30, KRW 100, KRW 148,641,30, KRW 300, KRW 100, KRW 148,641, and KRW 300, KRW 200, KRW 53,000, the insurer of the Defendant vehicle paid to the Plaintiff.

[Recognizing Facts] Confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act)

2. According to the evidence revealed earlier and the occurrence and scope of the liability for damages, the Defendant was operating the Defendant’s vehicle at the time of the instant accident, and the Defendant was required to make a left-hand turn at the front of the vehicle by stopping the vehicle immediately before entering the intersection, and to make a left-hand turn at the left-hand turn without stopping, and thus, the instant accident occurred by shocking the Plaintiff’s vehicle already entering the intersection. Thus, the Defendant is liable to compensate for the damages suffered by C due to the instant accident as the operator of the Defendant’s vehicle.

3. The plaintiff's exercise of subrogation right against the insurer shall be 148,641.