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(영문) 서울중앙지방법원 2015.10.30 2014나69206

구상금

Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the remainder.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the Plaintiff Company A (hereinafter referred to as the “Plaintiff”), and the Defendant is the owner of the Defendant Company B (hereinafter referred to as the “Defendant Vehicle”). The Intervenor joining the Defendant is a mutual aid business entity who entered into a mutual aid agreement with the Defendant

B. At around 11:50 on September 13, 2013, the driver of the Defendant vehicle driven the Defendant vehicle, driving the Defendant vehicle, and facing the front side of the Defendant vehicle, the front side of the Defendant vehicle, who opened the said road to the right side from the 46-lane, a back-road, the front side of the Plaintiff vehicle, who opened the said road to the right side from the left side of the running direction of the Defendant vehicle, along the 120-lane road along the intersection in the vicinity of the 120-way intersection.

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

Until December 6, 2013, the Plaintiff paid KRW 2,885,260 as insurance money for losses caused by the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, or the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred due to the collision between the Plaintiff’s vehicle and the Defendant’s vehicle that first entered a private-distance intersection, without signal lights, and the Defendant’s vehicle that subsequently entered, which violated the duty of safe driving and the duty of safe driving, and the negligence between the Defendant’s driver and the Defendant’s driver who violated the duty of safe driving and the method of passage along the intersection is deemed to be 60:40.

However, the Plaintiff jointly discharged the Defendant, who is a joint tortfeasor, by fully paying KRW 2,885,260 for damages caused by the instant accident. As such, the Defendant is obligated to pay the Plaintiff the amount of KRW 1,154,104 (per 2,885,260 x 0.4) corresponding to the ratio of negligence among the insurance proceeds that the Plaintiff paid to the Plaintiff.

B. The defendant's assertion.