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(영문) 춘천지방법원원주지원 2016.11.30 2016가단2726
구상금
Text

1. The Defendant’s KRW 14,195,00 for the Plaintiff and 5% per annum from March 16, 2016 to November 30, 2016.

Reasons

1. Basic facts

A. The Plaintiff concluded an automobile insurance contract with respect to A car (hereinafter referred to as “Plaintiff”), setting the period from August 13, 2015 to August 13, 2016, with respect to the Plaintiff’s automobile B, and the period of insurance from August 13, 2015, and the Defendant concluded the automobile insurance contract with respect to C D Dump trucks (hereinafter referred to as “Defendant”), setting the period from October 1, 2014 to October 1, 2015.

B. Around 09:40 on September 30, 2015, an accident occurred where the driver of the Defendant vehicle did not discover the vehicle of the Plaintiff, which was the head of the vehicle, while the driver of the Defendant vehicle was under way to maintain a permanent factory in the area of the permanent residence in the area of the Choyang-si and did not discover the vehicle of the Plaintiff that was under way to maintain the permanent residence (hereinafter “instant traffic accident”).

C. From November 9, 2015 to March 15, 2016, the Plaintiff paid KRW 55,220,000 as the insurance money for the Plaintiff’s vehicle damages. On April 28, 2016, the Plaintiff received KRW 30,000,000 as the indemnity amount from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6 through 8, Eul evidence 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The summary of the argument 1) The Plaintiff’s driver of the vehicle conflict with the Defendant’s central line above the Defendant Company Company Company Company Company Company before reaching the point of accident. The Plaintiff Company neglected the Defendant Company Company’s front-way driving on the road with a substantial width, thereby avoiding the Defendant Company Company from exceeding the Defendant Company Company to the right edge to the maximum extent possible at the right edge. The instant accident occurred on the part of the Defendant Company. Accordingly, the Defendant is liable to compensate the Plaintiff for the full amount of the damages incurred from the instant accident. Accordingly, the Defendant is liable to pay the Plaintiff the Plaintiff KRW 25,220,00 which was not paid out of the insurance money paid by the Plaintiff due to the instant traffic accident, and the delay damages therefrom. (ii) The Defendant Company is liable to pay the Defendant Company Company’s road.

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