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(영문) 전주지방법원 2018.08.16 2017나13468
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

The defendant 329.

Reasons

In fact, the Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A with respect to B-learning automobiles (hereinafter referred to as “Plaintiff”) with respect to which the term of the insurance contract is from November 6, 2016 to November 5, 2017.

On January 25, 2017, the Defendant is an insurer who entered into a comprehensive motor vehicle insurance contract with the insured for CYFHHA car (hereinafter “Defendant vehicle”) with respect to the passenger car company (hereinafter “Defendant vehicle”) from January 31, 2017 to January 31, 2017.

A, around 11:09 on April 29, 2017, driving the Plaintiff’s vehicle and driving the three-lanes of the three-lanes of the road in the direction of the State Agency in the direction of the direction of the E-owned station in front of the E-owned station located in the E-U.S., E-U.D. in the front city.

At this time, F had a collision with the Plaintiff’s vehicle when changing the lane from one to three lanes in order to make a right-hand at the intersection while driving the Defendant’s vehicle into the intersection.

On May 19, 2017, the Plaintiff paid insurance proceeds of KRW 3,292,400 within the reasonable scope of damages at the repair cost of the Plaintiff’s vehicle due to the foregoing accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 6 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Plaintiff paid KRW 3,292,400 insurance money to the Defendant’s driver’s negligence in relation to the instant accident caused by the Defendant’s driver’s negligence, and thus, the Plaintiff acquired the Plaintiff’s claim for damages against the Defendant’s driver by subrogation pursuant to Article 682(1)

Therefore, the Defendant, who is the insurer of the Defendant’s vehicle, shall, except in extenuating circumstances, receive KRW 3,292,400 from May 20, 2017 to July 2017, as the Plaintiff seeks, the delivery date of the copy of the instant complaint.

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