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(영문) 광주지방법원 2018.04.18 2016가단514812
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into an automobile comprehensive insurance contract with Nonparty A and B (hereinafter, the Plaintiff’s vehicle).

The defendant is an insurance company that has entered into a comprehensive automobile insurance contract with respect to C Motor Vehicle (hereinafter, referred to as the "Defendant Vehicle").

B. On April 14, 2012, Nonparty A driven the Plaintiff’s vehicle on April 14, 2012, and driven the Plaintiff’s vehicle in front of the Busan Mine-gu Advanced veterans hospital (hereinafter “the primary accident”). Nonparty A had contacted the front part of the E vehicle driven by Nonparty D while driving the road in front of the Advanced veterans hospital in the Busan Mine-gu.

D had been receiving preservation treatment under the name of a smoke-free brut soldier after the first accident.

C. On June 8, 2015, around 17:35 around 2015, the Defendant vehicle: (a) caused an accident to conceal the rear of the vehicle driven by D (hereinafter “the second accident”).

With respect to the secondary accident, the Defendant agreed to pay D KRW 1,394,890 (repair Cost of KRW 399,000, 950,000, and 45,890).

D) Around October 2015, the Plaintiff complained of aggravation of the symptoms of the fluoral flag, and around October 2015, the Korea National University Hospital was inserted into two fluoral fluents.

E. From the first accident to December 4, 2017, the Plaintiff paid KRW 59,149,160,00, including 35,451,770, and 53,649,160, and part of 5,500,000, to the treatment institution or D, for treatment expenses incurred in the operation of inserting in two inwards.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 10 evidence, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion D was given treatment of the second accident among the Do in which the symptoms of the fluent sculatory sculatory sculatory sculing symptoms in the pertinent two parts, and the Plaintiff paid KRW 59,149,160, such as the medical expenses so filled, and exempted the Defendant by paying them for D.

The plaintiff acquired the right to indemnity against the defendant according to subrogation, and the degree of participation in the symptoms D of the above 1,200 cases is 30:70, and the defendant is obligated to pay 41,404,412 won to the plaintiff, equivalent to 70% of 59,149,160 won.

B. Evidence submitted by the Plaintiff alone.

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