logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.18 2018나6968
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 concluded a comprehensive automobile insurance contract with respect to AM3 vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicles (hereinafter “Defendant”).

B. Around 08:00 on June 16, 2017, the driver of the Defendant vehicle driven the Defendant vehicle and proceeded in the same direction from the string of the string to the string of the string of the string of the string of the string of the Taenam-si, by two lanes near the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2017

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

On June 27, 2017, the Plaintiff paid KRW 438,000 insurance money to the business office of Manosan Motor Vehicle Division Co., Ltd. on June 27, 2017 due to the instant accident.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 4, Gap evidence Nos. 2, 3, 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the parties’ assertion (i) the driver of the Defendant vehicle, while proceeding without complying with the safety distance, caused the instant accident that led to shocking the back part of the Plaintiff vehicle. The instant accident occurred by the negligence of the Defendant vehicle driver who neglected the duty to observe the safety distance and the duty to keep the front line.

Therefore, the driver of the defendant vehicle is liable for damages caused by the accident in this case to the insured of the plaintiff vehicle, and the plaintiff paid 438,000 won with the repair cost of the plaintiff vehicle caused by the accident in this case for the insured, thereby acquiring the right to claim damages against the driver of the insured vehicle by subrogation of the insurer under Article 682 of the Commercial Act

Therefore, the defendant who is the insurer of the defendant vehicle.

arrow