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(영문) 서울중앙지방법원 2018.04.17 2017가단5093679
구상금
Text

1. The Defendant’s KRW 32,287,236 as well as the Plaintiff’s annual rate of 5% from September 23, 2016 to April 17, 2018, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A and B CoCoC vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is a mutual aid business entity for the Hongdo taxi owned by the Defendant (hereinafter “Defendant”).

B. On July 24, 2015, around 06:00, the driver of the Plaintiff vehicle: (a) had an intersection signal, etc. with Hanyang-dong, Hanyang-dong, Hanyang-dong, for the purpose of Ansan-si; (b) had two-lanes in the direction of the elim resident center in the direction of the elim resident center at a speed of 60km per hour; and (c) had entered the intersection, even though the intersection signal was a yellow signal.

At this time, the driver D also operated the defendant vehicle, and the driver of the defendant vehicle at the same time is yellow signal at the one-lane opposite to the above shooting distance, but entered the intersection and made a left turn.

As a result, the plaintiff vehicle and the defendant vehicle conflict, and the passenger E who was on the defendant vehicle suffered approximately 12 weeks of medical treatment.

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

As the insurer of the Plaintiff’s vehicle, the Plaintiff paid KRW 20,418,090 for medical expenses up to September 22, 2016, for the damages incurred by the instant accident, KRW 60,00 for the daily income and consolation money, KRW 300,00 for the expenses for compensation disposal (medical advisory expenses) and KRW 80,718,090 for the total amount of KRW 80,00 for the medical advisory expenses.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 6 (including each number), each video, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that although the plaintiff's vehicle was yellow signal but first entered the yellow distance, the accident of this case occurred after the defendant's vehicle entered the yellow light, it was unreasonable to turn to the left, and thus, the ratio of liability as the joint tortfeasor of the plaintiff and the defendant should be 4:6. Thus, the plaintiff's claim that the ratio of liability as the joint tortfeasor of the plaintiff and the defendant should be 48,430,854 won (=the above 80,718,090 won x 60%) and its delay damages.

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