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(영문) 서울중앙지방법원 2017.09.13 2017나12997
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

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with B (hereinafter “Defendant”).

B. On November 14, 2015, the driver of the Defendant’s vehicle driven one lane among two-lanes located in the Donsan-dong, Busan Metropolitan City on November 14, 2015, and then the pent part of the Plaintiff’s vehicle, on the left side of the opposite lane, was shocked by the front part of the Defendant’s vehicle.

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

On February 15, 2016, the Plaintiff paid KRW 2,601,340 at the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1, 2 and 5 (including each number), video, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred by the former negligence of the driver of the defendant vehicle who carried out the U.S. on the road where U.S. is prohibited, so the defendant is obligated to pay 2,601,340 won, which is the total insurance money paid by the plaintiff due to the accident in this case in accordance with the insurer subrogation doctrine under Article 682 of the Commercial Act

As to this, the defendant asserts that the accident in this case did not perform his duty of care in the future, and that the negligence of the driver of the plaintiff vehicle who caused the defendant vehicle and the negligence of the driver of the defendant vehicle who caused the illegal internship was committed concurrently.

B. The following circumstances, namely, the Defendant’s vehicle shocked the Plaintiff’s vehicle on the opposite lane while making a U-turn on the road where U-turns are prohibited by taking account of the facts acknowledged as above and the overall purport of the arguments, namely, the entire purport of the arguments, and the evidence as seen earlier. The scope of the Plaintiff’s vehicle’s damage is deemed from the lower left side to the left side, the front side, and the rear even.

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