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(영문) 수원지방법원 2015.09.18 2014가단45863
구상금
Text

1. The Defendant’s successor intervenor KRW 12,660,00 and 5% per annum from June 13, 2014 to September 18, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant (hereinafter “Defendant”) is an insurer who entered into an automatic comprehensive insurance contract with respect to B vehicle (hereinafter “Defendant”).

B. Around 09:55 on May 28, 2014, the Plaintiff’s vehicle collisioned with the Defendant’s vehicle, which was unloaded from the opposite opposite opposite to the bend line while departing from the c apartment parking lot of Yeongdeungpo-gu, Young-gu, Young-gu, Seoul, for the direction of the direction of the direction.

(hereinafter “instant accident”). C.

Plaintiff

차량과 피고 차량은 모두 약간씩 중앙선을 침범하고 운행 중이었는데, 피고 차량의 속도가 더 빨랐고, 충돌 이후 그 충격으로 원고 차량은 회전하여 오르막차선의 벽을 보고 정차하였고, 피고 차량도 오르막차선으로 들어와 벽을 들이받고 정차하였다. 라.

On June 12, 2014, the Plaintiff paid KRW 21,100,000 to the Plaintiff’s vehicle with respect to the instant accident.

E. On May 27, 2015, the Defendant’s successor succeeded to the Defendant’s liability for reimbursement by the authorizing the business takeover by the Financial Services Commission, and succeeded to the instant lawsuit on July 20, 2015.

[Grounds for Recognition: Facts without dispute, Gap evidence 1-7, Eul evidence 1-3 (including branch numbers, if any) and the purport of the whole pleadings]

2. Determination

A. According to the above facts, the accident of this case occurred when the driver of the plaintiff vehicle and the defendant vehicle did not live well before and after the vehicle and the driver of the defendant vehicle, and the negligence of driving the central line is concurrent.

She thereby, the defendant is obliged to pay the amount of indemnity equivalent to the portion of the plaintiff's liability to the plaintiff upon the plaintiff's subrogation pursuant to Article 682 of the Commercial Act.

B. (i) The occurrence and consequence of the instant accident are the Plaintiff and the Defendant’s driver.

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