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(영문) 서울중앙지방법원 2019.01.29 2018나50095
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. Facts of recognition;

A. The Plaintiff (formerly: Company B) is an insurer that entered into an automobile insurance contract with respect to C vehicle (hereinafter “Plaintiff vehicle”).

The defendant is the road management agency of three lanes near the bus termination point in Gwanak-gu in Seoul Special Metropolitan City (hereinafter referred to as the "road in this case").

D Co., Ltd. entered into a local government liability insurance contract with the Korea Local Finance Association to compensate local governments for damages arising from accidents related to the construction, maintenance, repair, etc. of the road in this case.

B. On January 8, 2016, around 07:39, the Plaintiff’s vehicle was under way following the E-vehicle (the driver and the passenger: F, G, and hereinafter “vehicles”) prior to the instant road.

However, while the preceding vehicle proceeded on a bend part of the road at the right edge of the road in this case, the former vehicle discovered and immediately suspended the container, which is a road safety facility installed by the Seoul Southern Waterworks Business Office, for the construction of the Manle at the front side of the road, and the subsequent vehicle of the previous vehicle led to the subsequent change of the latter part of the previous vehicle.

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

By April 29, 2016, the Plaintiff paid KRW 841,127 as the repair cost of the Plaintiff’s vehicle, KRW 1,037,440 as the repair cost of the front vehicle, KRW 2,039,420 as the repair cost of the front vehicle, KRW 3,040 as the total of KRW 3,040,030 as the medical expenses of G, and KRW 6,958,017 as the insurance proceeds (= KRW 841,127 as the KRW 1,037,440 as the KRW 2,039,420 as the KRW 3,040,030 as the insurance proceeds).

On August 3, 2017, the Plaintiff filed a lawsuit against D Co., Ltd. seeking reimbursement of KRW 6,958,017 (Seoul Central District Court 2017Gada6814798), and the Defendant participated in the said lawsuit for D Co., Ltd.

In the above case, D Co., Ltd. shall not only pay the total amount of the compensation limit under the above liability insurance contract was already paid for compensation for other accidents related to the road of this case.

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