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(영문) 서울중앙지방법원 2018.05.03 2017나53691
구상금
Text

1. Of the judgment of the first instance court, KRW 5,978,025 against the Plaintiff and its related thereto, from April 21, 2017 to May 3, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On January 29, 2017, the driver of the Defendant’s vehicle caused a traffic accident (hereinafter “victim’s vehicle”) protruding the rear of the vehicle C (hereinafter “victim’s vehicle”) that was going on the right side from the Cheongbuk-do road along a three-lane road at a point of 3.4 km from the upper parallel of the parallel of the Highway between 07:21 on the two-lanes. The driver of the Defendant’s vehicle led to a traffic accident leading to the rear of the vehicle C (hereinafter “victim”). The damaged vehicle due to its shocked the centralized separation zone and stopped the vehicle in the reverse direction, and the Defendant’s vehicle stops in one way and two lanes on the side of the damaged vehicle.

C. immediately after that, the Plaintiff’s vehicle behind the Defendant’s vehicle did not avoid this, and did not conflict with the front part of the Defendant’s vehicle’s driver’s seat in front of the right side of the Plaintiff vehicle, and continuously conflict with the front part of the damaged vehicle’s seat.

(hereinafter “instant accident”). D.

Due to the instant accident, the driver of the Plaintiff’s vehicle suffered injuries, such as “heat, stoves, stoves, and tensions without any heat two places,” and the Plaintiff’s vehicle was considerably damaged by the front part, etc.

With respect to the instant accident, from February 21, 2017 to April 20, 2017, the Plaintiff paid KRW 4,548,050 to the driver of the Plaintiff’s vehicle for medical expenses and the agreed amount. As a result of the damage assessment, the Plaintiff was estimated to the effect that the value of the Plaintiff’s vehicle at the time of the accident is KRW 7,480,000, and that the expected repair cost exceeds the value of the vehicle exceeding KRW 10,000,000, the Plaintiff would be able to incur a defect in the safety of the vehicle even if the repair cost exceeds the value of the vehicle, and the Plaintiff was determined to dispose of the Plaintiff’s vehicle by hand, and the Plaintiff’s remaining amount of KRW 7,408,00,000, remaining amount of the insurance proceeds by March 20, 20

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