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(영문) 서울중앙지방법원 2016.01.28 2015나29045
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. Basic facts

A. The Plaintiff shall set up an ordinary meeting in accordance with its articles of incorporation and performs the duties of compensating for the damages to the Plaintiff and the Plaintiff’s losses caused by an accident that occurs during the possession, use, and management of the vehicle. A is the Plaintiff’s ordinary member.

The defendant is a business operator who has entered into a mutual aid agreement with the defendant with respect to B-si (hereinafter referred to as "Defendant's vehicle").

B. On November 30, 2013, A, driving a C-si (hereinafter “Plaintiff”) owned by it, and driving a two-lane of the two-lane road in the front of the D-do 70km speed at the time of Pakistan, the speed limit of which is 70km, from the gate or the side of the gate or the side of the sub-sections, C-Vehicle (hereinafter “third-lane”) with two-lanes changed the two-lane into one lane on its own.

The defendant's vehicle was driven by the plaintiff's side while driving at a speed of 119 km per hour from the front side of the vehicle on the side of the plaintiff's side while driving the vehicle at a speed of 119 km. The plaintiff's vehicle was pushed by the plaintiff's side while the vehicle was pushed by the plaintiff's side, and the vehicle was pushed by a conflict with the central separation zone and then

(hereinafter “instant accident”). C.

On March 10, 2014, the Plaintiff paid KRW 6,540,000 for the repair cost of the Plaintiff’s vehicle, towing cost, and KRW 250,000 for replacement cost, according to the mutual aid agreement with A.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 8 or video (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. According to the above facts, it is reasonable to view that the instant accident occurred by negligence, without securing the safety distance, by the Defendant’s driver of the vehicle on the part of the Defendant, and thus, the Defendant subrogated the Plaintiff A (i.e., KRW 6,790,000: KRW 6,540,000; KRW 250,000) and the following day after the Plaintiff paid the said money, 5% per annum under the Civil Act from March 11, 2014 to August 29, 2014, the delivery date of the complaint, and 5% per annum under the Civil Act from the following day to the day of complete payment.

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