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(영문) 대전지방법원 2015.12.23 2015나103683

구상금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 5,021,093 and its interest on June 28, 2014.

Reasons

1. Basic facts

A. The Plaintiff, an insurance company, is an insurer who has concluded each automobile insurance contract for C (hereinafter “Defendant”) with respect to the vehicle B owned by A (hereinafter “Plaintiff”), and the Defendant, an insurance company, is the insurer who has concluded each automobile insurance contract for C (hereinafter “Defendant”).

B. On May 22, 2014, when a person who was driving the Defendant vehicle and going to cross the intersection of the apartment underground parking lot (hereinafter “instant underground parking lot”) in Sejong Special Self-Governing City, Sejong Special Self-Governing City, he shocked the front part of the Plaintiff’s vehicle driving the said intersection to the right side from the left side of the running direction of the Defendant vehicle with the front part of the Defendant vehicle, and due to the shock, the Plaintiff’s vehicle caused the shock of the E vehicle parked in the instant underground parking lot (hereinafter “instant accident”), and thereby, the Plaintiff’s and E vehicles were damaged.

C. On June 3, 2014, the Plaintiff paid KRW 6,368,00 as insurance money for self-vehicle damage caused by the instant accident to A, the insured of the Plaintiff’s vehicle, and KRW 804,990 as insurance money for the personal property damage of the E vehicle due to the instant accident to the Measures Suwon, etc. on June 27, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 3 (including each number, if any) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred due to the negligence of the Defendant’s driver, who neglected his duty of care by entering the intersection of the underground parking lot, such as speed or urgency, without complying with such duty of care. The fault ratio of the Defendant’s driver regarding the instant accident is 80%.

However, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 7,172,90 (=6,368,000) in total as insurance money due to the instant accident, and thereby, is the insured.