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(영문) 서울중앙지방법원 2015.10.16 2015나23726
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

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with the Samsung Medical Foundation, the Hansung Hospital on B (hereinafter the Plaintiff’s vehicle). The Defendant is a mutual aid business entity who entered into an automobile mutual aid contract with the Chungcheong High-speed Co., Ltd. on the A vehicle owned by it (hereinafter the Defendant vehicle).

B. At around 15:50 on July 31, 2013, D, a driver of the Hanam-high speed company, driving the Defendant vehicle, driving the Defendant vehicle at a speed of 382km in the direction of Seoul 60km at a speed of 50km per hour at the speed of 15km in the direction of the city, while changing the lane from the four-lane to the bus-only one lane, while driving the vehicle at a speed of 100km per hour from the rear side of the above road, D, a driver of the vehicle driven by C, driving at a speed of 10km in the speed of 10km from the rear side of the vehicle of the Defendant vehicle.

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

Plaintiff

A vehicle driver, C, due to the instant accident, sustained approximately eight weeks of the right slots from the outer side of the runway to the outer side of the runway, etc., and the Plaintiff paid C insurance proceeds of KRW 29,217,230 in total, including medical expenses, from September 4, 2013 to January 29, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4, 6, and 7 (including each branch number if a branch number is attached)

2. Assertion and determination

A. The plaintiff asserted that the accident in this case occurred due to the unilateral negligence of the driver of the defendant vehicle who entered the same lane by changing the lane rapidly without operating the direction direction light from the fourth lane. Since the plaintiff paid the total amount of damages 29,217,230 won due to the accident in this case, the defendant, who is the mutual aid business operator of the defendant vehicle, paid the amount of damages caused by the accident in this case, to the plaintiff who acquired the subrogation of the damage claim due to the accident in this case, as well as the damages 29,217,230 won.

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