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(영문) 청주지방법원 2016.10.14 2015나13196
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On February 28, 2014, the Plaintiff entered into a comprehensive motor vehicle insurance contract with A and its owner of the new learning vehicle B (hereinafter “Plaintiff vehicle”) with respect to the insured and its owner from February 28, 2014 to February 28, 2015, and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with the Plaintiff with respect to the Han-ma vehicle (hereinafter “Defendant vehicle”).

B. A, around 19:55 on December 1, 2014, driven the Plaintiff’s vehicle, and driven the front part of the Plaintiff’s right side of the front part of the front part of the Plaintiff’s vehicle, which turned down from the front part of the three-lanes of the outermost-dong Han-dong apartment located in the Hannam-dong, Yongsan-do, U.S., the outer part of the outer part of the apartment site located in the luxa-dong, and turned down from the front part of the luxa to the luxa lux.

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

On December 23, 2014, the Plaintiff paid KRW 1,649,400 to A with its own insurance proceeds.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 through 4, 12, Eul evidence 1 and 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident occurred from the Defendant’s vehicle’s two-lanes among the three-lanes, and the Defendant’s allegation was turned off from the ice ice ice page at the location of the instant accident and was caused by the Plaintiff’s own fault. Therefore, it is reasonable to deem that the Defendant’s negligence caused the instant accident, and that the rate of negligence was 90%. As such, it is reasonable to deem that the Defendant, a mutual aid business entity of the Defendant’s vehicle, was 1,484,460 won (i.e., KRW 1,649,400 x 90%) and damages for delay corresponding to the Defendant’s vehicle’s liability portion out of the insurance money paid to the Plaintiff to the Plaintiff (i.e., KRW 1,649,400).

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