logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.05.22 2014나43426
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. At around 14:30 on February 16, 2013, the Defendant: (a) driven a B-man car (hereinafter referred to as the “Defendant vehicle”) from the C-W car, which entered the front side of the C-W car (hereinafter referred to as the “Plaintiff vehicle”) to the rear right part of the Defendant vehicle, while driving the B-man car at the C-W car (hereinafter referred to as the “Defendant vehicle”); and (b) coming into the front side of the C-W car, which entered the front side of the C-W car; and (c) shocked the part with the rear right part of the Defendant vehicle.

(hereinafter referred to as the “instant accident”). B.

On August 1, 2013, the Plaintiff, as an insurer that entered into an automobile insurance contract with C, paid KRW 800,000 for the repair cost due to the instant accident.

2. Determination

A. The Plaintiff, the insurer who paid the above insurance money, acquired the right to claim damages against the Defendant, the Defendant, due to the instant accident, to the extent of the amount paid.

(Article 682 of the Commercial Act). Furthermore, according to the health team, Gap evidence Nos. 3, Eul evidence Nos. 2 and 3 as to the scope of the damage that the defendant is liable for compensation, the plaintiff driver was negligent in not properly examined whether the plaintiff driver's vehicle entered the vehicle from the opposite side of the road in front of the third vice chief, into the third vice chief, beyond the central line, and it was caused by the accident in this case. Thus, it is reasonable to limit the defendant's liability for damages to 60%.

Therefore, the Defendant is obligated to pay to the Plaintiff the indemnity amounting to KRW 480,00 (=80,000 x 0.6) and to pay damages for delay calculated at each rate of 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from August 2, 2013 to July 23, 2014, which is deemed reasonable for the Defendant to dispute over the existence and scope of the obligation to pay the above insurance proceeds.

B. The defendant's assertion

arrow