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(영문) 서울중앙지방법원 2018.10.17 2018나18718
구상금
Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to AS-type vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to B rocketing vehicles (hereinafter “Defendant”).

B. On February 7, 2017, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle at around 13:40, while driving the Plaintiff’s vehicle, and driving the Plaintiff’s 21 national highway located in Sinsan-si, Eup, 522-2, along the two-lanes, from the boundary of the new intersection to the boundary of the elementary intersection. However, the Defendant’s vehicle entered the two-lanes of the said national highway from the boundary of the Eup road to the two-lanes of the said road. After entering the said road through combined roads, the Defendant’s vehicle changed the vehicle to the two-lanes of the said national highway (hereinafter “victim’s vehicle”), and shocked the Plaintiff’s right side to the left side of the Defendant’s vehicle. Accordingly, the Plaintiff’s vehicle fell into the upper right side of the damaged vehicle, and the Plaintiff’s driver fell into the upper right side of the Plaintiff’s vehicle, and caused the Plaintiff’s injury to the Plaintiff’s vehicle requiring treatment for eight weeks.

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

On March 28, 2017, the Plaintiff paid insurance proceeds of KRW 2,00,00 to D on March 28, 2017, including KRW 607,00, KRW 1,288,430, KRW 72,820 to F, and KRW 33,510 to G.

The Defendant agreed that the Plaintiff’s employee and the Defendant’s employee who dealt with the insurance business of the instant accident shall have 20% of the Plaintiff’s driver’s fault ratio and 80% of the Defendant’s fault ratio. On March 21, 2017, the Defendant recovered from the Plaintiff KRW 434,100 of the repair cost of the Defendant’s vehicle from the Plaintiff on March 21, 2017, and ② on March 30, 2017, KRW 5,153,700 of the repair cost of the Plaintiff’s vehicle, KRW 4,364,80 of the Plaintiff’s vehicle, KRW 136,00 for G, KRW 136,720, and KRW 258,720 for the Plaintiff’s vehicle, and KRW 10,63.

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