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(영문) 서울중앙지방법원 2021.02.17 2020나39534
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. Around 07:00 on March 22, 2017, the Plaintiff’s vehicle conflict with the Defendant’s vehicle that is in the direct position of the yellow on-and-off signals, while making the left turn turn at the blue-gun E of Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant accident”).

On August 16, 2017, the Plaintiff and the Defendant agreed on the negligence ratio of the Plaintiff and the Defendant’s vehicle to 90:10 through the Dispute Resolution Committee.

(d)

The Plaintiff paid KRW 101,773,830 [including the case of disability compensation of KRW 1.6 million and other damages (including the case of disability compensation of KRW 408,675,830] to the Plaintiff driver F (hereinafter “victim”). The Defendant paid KRW 24,07,640 to the medical treatment expenses in the future, in accordance with the special agreement on the security of automobile injury.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion may seek payment of disability liability insurance proceeds, separate from the injury liability insurance proceeds, against the Defendant, and claim for disability insurance proceeds after 93,675,830 won and 9,527,583 won, 160,000 won, 160,000 won, 1.6,527,583 won, which are the disability liability insurance proceeds, can be claimed as disability insurance proceeds. Thus, the Defendant shall pay 9,527,583 won, in subrogation of the Plaintiff’s right

Even if it is not so, the defendant is responsible for compensating the victim for the medical expenses in the future in accordance with the terms and conditions of the mutual aid agreement, so the plaintiff may claim the defendant for reimbursement of the amount of 6090,000 won for the medical expenses in the future.

B. The Defendant’s assertion that the amount of the Defendant’s sexual medical treatment costs is limited to the amount that the Plaintiff voluntarily paid to the victim, and it cannot be said that the victim needs to receive future medical treatment.

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