logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.11 2015나25135
구상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On July 20, 2010, around 09:20 on July 20, 2010, Defendant C driven a D vehicle owned by Defendant A and B (hereinafter “Defendant vehicle”) and turned down a road near the Geumcheon-gun, Nam-gun, Gyeongcheon-gun, both sides of the two sides from the two sides of the road in the vicinity of the two sides, and left left left at the two sides from the upper side of the right side of the Defendant vehicle driving direction to the left side of the F driver’s G two-wheeled vehicle that entered the road (hereinafter “the instant vehicle”), and conflict with the front side and side of the Defendant vehicle with the front side of the right side of the Defendant vehicle.

(hereinafter “instant accident”). (b)

Due to the instant accident, F’s wife E, who was on the back of the instant Oral Ba, suffered injury, such as external cerebral bral, which requires approximately six weeks of medical treatment, but is the Defendant’s vehicle and the instant Oral Ba, which did not purchase each comprehensive vehicle insurance policy.

C. The Plaintiff paid KRW 49,070,694 as insurance money to E by June 28, 2013, as an insurer that entered into an automobile insurance contract including a non-life insurance contract between E, a fraud, with H., and received KRW 20,000,000 as liability insurance money from the Mzz fire, the liability insurance company of Defendant vehicle, and ELI EL as an non-life insurance policyholder, E’s lineal descendant and his affinity’s relatives, and received KRW 4,007,360 as double insurance money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number if there are several numbers), Eul evidence Nos. 1 and 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion lies in the competition between F’s negligence, who is the driver of the Oral Ba, and Defendant C’s negligence, who is the driver of the Defendant vehicle. In the instant accident, the percentage of Defendant C’s negligence is at least 30%, and thus, Defendant C and Defendant A, who is the owner of the Defendant vehicle, are still the insurance money paid by each of the Plaintiff.

arrow