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(영문) 서울중앙지방법원 2015.12.04 2015나26688
구상금
Text

1. Of the judgment of the court of first instance, KRW 729,070 against the Plaintiff and its related thereto, from February 14, 2012 to December 4, 2015.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A vehicles (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator who entered into a car mutual aid contract with respect to B cargo vehicles (hereinafter “Defendant vehicles”).

B. On January 3, 2012, at around 08:25, the Plaintiff’s vehicle, who was left left at the intersection of the Si-Sari-ri-ri, Gyeongsung-gun, Jeonsung-gun, Seoul, was injured by the Plaintiff’s collision with the Defendant’s vehicle, where the Plaintiff’s vehicle, who was going straight at the intersection of the Si-ri-ri (hereinafter

C. On February 10, 2012, the Plaintiff paid C the amount of KRW 1,684,380, and the agreed amount of KRW 1,500,000 as insurance money on January 30, 2012. The agreed amount is the amount calculated by adding the amount of future treatment expenses to KRW 538,180, and the amount of consolation money and business suspension damage.

In the occurrence of the instant accident, the Plaintiff and the Defendant agreed on the negligence ratio between the Plaintiff and the Defendant’s driver: 70.30.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant is liable to compensate for damages to C is KRW 3,184,380 (i.e., KRW 1,684,380,000, which corresponds to the percentage of the Defendant’s driver’s fault (= KRW 3,184,380) out of the amount of damages to be paid to C due to the instant accident (i.e., KRW 1,50,000).

However, Article 3(1)2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act provides that with respect to the amount of mutual aid money to be paid to the victim when the victim is injured, if the amount of damage falls short of the corresponding amount of medical expenses calculated according to the standard for medical fees covered by automobile accident insurance, the amount corresponding to the medical expenses. The amount claimed by C for damages against the Defendant falls short of 2,222,560 won (i.e., the corresponding amount of medical expenses (i., 684,380 won) based on the above standard (i.e., 538,180 won for future medical expenses). Thus, the Defendant should pay C the corresponding amount of 2,222,560 won.

Therefore, the defendant.

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