logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.09.17 2019나7290
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid insurer who entered into a motor vehicle mutual aid agreement with respect to D vehicles owned by the limited partnership company C (hereinafter “Plaintiff vehicles”), and the Defendant is the driver of the vehicle E (hereinafter “Defendant”).

The defendant's vehicle was covered only by liability insurance in F(Gu G).

B. At around 23:30 on June 8, 2008, the Plaintiff’s vehicle driven the Plaintiff’s vehicle by changing the vehicle from the first lane to the second lane in order for the Defendant’s vehicle, which was proceeding the first lane, to make a right-hand passage.

(hereinafter “instant accident”). Due to the instant accident, the Plaintiff’s J suffered from the string of passengers aboard the Plaintiff vehicle.

C. On June 18, 2008, F, the insurer of the Defendant vehicle, paid 905,430 won for medical expenses to the victim J.

From July 11, 2008 to February 4, 2010, the Plaintiff paid a total of 3,190,850 won to the victim J as follows. The Plaintiff was returned KRW 1,494,570 from F on May 17, 2010.

The installment payment date of the mutual aid (cost) medical expenses of 420,000 medical expenses of 420,000 on July 11, 2008 and 350,000 on July 18, 2008, shall be determined by the purport of the entire pleadings, as follows:

2. Determination as to the cause of action

A. The facts of recognition of joint tort and internal burden ratio as well as the following conditions that can be recognized therefrom, namely, the road in which the accident in this case occurred is a straight line along the two-lane road, and the two-lane road is a straight line, and the accident in this case occurred in the course of changing the course of the Defendant vehicle to make a right-hand line. The driver of any motor vehicle must go through the right-hand side of the road in advance when intending to make a right-hand line at the intersection (Article 25(1) of the Road Traffic Act), and the driver of any motor vehicle must go through the right-hand side of the road.

arrow