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(영문) 서울중앙지방법원 2018.01.30 2017가단78316
구상금
Text

1. The Defendant: (a) KRW 37,150,000 and the Plaintiff’s annual rate from May 31, 2017 to September 25, 2017; and (b) September 26, 2017.

Reasons

1. Facts of recognition;

A. On March 25, 2017, at around 16:15, A operated a Corrodo vehicle (hereinafter “Defendant vehicle”) at around 16:15, and received D-benz vehicles (hereinafter “Plaintiff vehicle”) driven by C on the 1162-ro, Seowon-gun, Gangwon-do.

B. At the time of the above road as the one-lane, the Plaintiff’s vehicle was proceeding from the direction of the Anstitu road along the direction of the Plaintiff’s vehicle, but the Defendant’s vehicle was trying to enter the road to go ahead of the direction of the Plaintiff’s vehicle’s driving, and the left side penter and front wheel part of the Defendant’s vehicle was faced with the Plaintiff’s right side penter and front front wheel part of the Plaintiff’s vehicle.

The accident was destroyed by the plaintiff's right gate, etc.

C. The Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 37,150,000 with the repair cost of the Plaintiff’s vehicle by May 30, 2017, and the Defendant is the insurer who entered into the comprehensive automobile insurance contract with the Defendant’s vehicle.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 4 and the purport of the whole pleadings

2. The determination of a traffic accident is based on the Defendant’s mistake of the Defendant’s driver who entered the lane in order to intrude the central line without properly examining the surrounding circumstances, as it occurred when the Defendant’s vehicle invadeds the central line at the parking lot adjacent to the road and illegally tried to drive the Plaintiff’s vehicle normally.

Therefore, the Defendant, the insurer of the Defendant’s vehicle, is obligated to compensate for the damages incurred to the Plaintiff’s vehicle due to a traffic accident. Since the Plaintiff paid insurance money to compensate for the damages and acquired by subrogation the Defendant’s damage claim against the Defendant, the Defendant ought to pay the Plaintiff the amount of KRW 37,150,000, and the delay damages therefrom.

The plaintiff finally pays damages for delay.

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