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(영문) 서울중앙지방법원 2017.06.20 2016나32970
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

[Claim]

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with B-si (hereinafter “Plaintiff”), and the Defendant is a driver of C-wheeled Vehicle (hereinafter “Defendant”).

B. On February 17, 2008, around 05:10, the Plaintiff’s vehicle asserted to the effect that there was a signal signal, etc. of one-lane 529-13 located in the new forest, Gwanak-gu, Seoul Special Metropolitan City (the Defendant was a four-lane distance from the above private distance on the surface of the statements and images as set forth in the evidence Nos. 1 and 2, but in full view of the overall purport of the pleadings, it is recognized that the central line runs along the above private distance and the signal apparatus was installed and the Defendant’s proceeding direction was expanded to more than four-lanes after the instant accident) conflict with the Defendant’s vehicle, which was located in the central market of the new 8-dong central market where the house was located in the direction of new disease control on the back of the new road along the direction of new disease control.

(hereinafter referred to as “instant accident”). At the time of the instant accident, the Defendant was driving in a drinking condition (not less than 0.05% and less than 0.1% of alcohol content), and the Defendant suffered an injury, such as the depression of the passenger of the Defendant’s vehicle D, due to the said accident.

C. By August 26, 2013, the Plaintiff paid insurance proceeds of KRW 19,265,340 under the pretext of the victim D’s medical treatment costs and agreements.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The assertion and judgment

A. The summary of the party's assertion (1) The accident in this case occurred concurrently between the plaintiff's driver and the defendant's negligence, and it is reasonable to view the negligence ratio as 6:4.

The defendant is obligated to pay the amount of indemnity equivalent to the ratio of negligence to the plaintiff who jointly discharged the defendant by paying the insurance proceeds as above.

(2) Defendant: The instant accident occurred from the side road by the Plaintiff’s vehicle to the sudden intersection, and the Defendant’s drunk driving is the instant accident.

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