2017Na53066 Claims

Music Insurance Co., Ltd.

The Federation of National Private Taxi Transportation Business Associations

A

Seoul Central District Court Decision 2017 Ghana558392 Decided July 4, 2017

December 13, 2017

January 31, 2018

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The Intervenor joining the Defendant shall bear the costs incurred by the intervention in the appeal and incidental appeal, and the remainder shall be borne by each party.

1. Purport of claim

The defendant shall pay to the plaintiff 3,269,224 won with 5% interest per annum from February 21, 2017 to the service date of a copy of the complaint of this case, and 15% interest per annum from the next day to the day of complete payment.

2. Purport of appeal

The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.

3. Purport of incidental appeal;

Of the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked. The defendant shall pay to the plaintiff 91,752 won with 5% interest per annum from February 21, 2017 to the service date of a duplicate of the complaint of this case, and 15% interest per annum from the next day to the day of complete payment.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the Plaintiff for C-owned vehicles (hereinafter referred to as “Plaintiff-owned vehicles”). The Defendant is a mutual aid business operator who entered into an automobile mutual aid contract with the Defendant joining the Defendant for D-owned vehicles (hereinafter referred to as “Defendant-owned vehicles”).

B. Around 14:05 on April 14, 2016, while the Plaintiff’s vehicle was driving the Olympic Road, which is an exclusive motorway, in a lock room, as a scambing sloped, in order to enter the direction light of the club in the vicinity of the Gangnam-gu Seoul Newdong, the Plaintiff’s vehicle changed the lane rapidly from three to five lanes, and there was an accident that conflicts between the part on the right side of the Plaintiff’s vehicle and the part on the left side of the Defendant’s vehicle driven by the Defendant joining the Defendant (hereinafter “instant accident”).

C. From April 28, 2016 to February 20, 2017, the Plaintiff paid 3,059,290 won in the agreement amount, 3,058,230 won in the agreement amount, 3,058,230 won in the agreement amount, 1,649,060 won in the Plaintiff’s vehicle’s G medical expenses, 1,649,060 won in the agreement amount, and 3,50,000 won in the repair cost of the Plaintiff’s vehicle (excluding 5,00,000 won in its own charges).

[Reasons for Recognition] The purport of the whole pleadings, Gap evidence Nos. 1 through 5, Eul evidence No. 1 and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) Occurrence of liability and ratio of liability; and

In light of the above facts and the purport of the entire arguments, the Plaintiff’s vehicle at the time of the instant accident, i.e., the rapid change of the lane from the three-lane to the five-lane section, ii) the Plaintiff’s access to the discharge screen was prohibited from changing the lane, and the Plaintiff’s access to the discharge screen was immediately prior to the beginning of the separation enclosed, and iii) the Defendant’s vehicle did not delay the speed. In light of the above facts, the instant accident was caused by the negligence of the Defendant’s vehicle, which did not reduce the speed of the primary negligence of the Plaintiff’s vehicle that entered the discharge screen rapidly in the area where the change of lane was prohibited. In light of all the circumstances revealed in the arguments, such as the background, road status, and shock of each vehicle, it is reasonable to deem the negligence ratio of the Plaintiff’s vehicle and the Defendant’s driver in the instant accident to be 90%.

B. The defendant's duty to pay indemnity money

Pursuant to Article 682 of the Commercial Act, the Defendant is obligated to pay to the Plaintiff KRW 500,00 (the full amount of medical expenses within the scope of liability insurance), KRW 305,823 (= KRW 3,058,230) for the passengers of the Plaintiff vehicle, KRW 335,929 (i.e., KRW 3,359,290) for the passengers of the Defendant vehicle, KRW 350,000 (= KRW 3,500,000 x 10%) for the repair expenses of the Plaintiff vehicle, KRW 1,491,752, as sought by the Plaintiff, from February 21, 2017, which is the date of payment of the final insurance proceeds, to pay damages for delay at the rate of KRW 5,50 per annum prescribed by the Civil Act until July 4, 2017, which is the date of payment of the final insurance proceeds.

3. Conclusion

The plaintiff's claim shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and all the defendant's appeal and incidental appeal of the plaintiff shall be dismissed. It is so decided as per Disposition.

The number of judges transferred to judges

For the purpose of judge branch

Judges Kang Jae-il