(영문) 서울중앙지방법원 2016.03.29 2015가단120107

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Reasons

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자간(%)

(영문) 서울중앙지방법원 2016.03.29 2015가단120107

구상금

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1. The Defendant’s KRW 17,235,730 as well as the Plaintiff’s annual rate from June 19, 2015 to March 29, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with BK5 motor vehicles driven by A (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with C, rocketing taxi (hereinafter “Defendant”) operated by C.

B. Around 04:00 on December 22, 2013, the Plaintiff’s vehicle was driving along a two-lane in Gangnam-gu Seoul Special Metropolitan City, while changing the two-lane from the three-lane to the two-lane, and the vehicle was rapidly turned off in order to avoid other vehicles that change the two-lanes from the three-lane to the two-lane, and thus, at the same time, the vehicle was stopped on the one-lane from the two-lane to the two-lanes (hereinafter “the foregoing collision accident”), and the Defendant’s vehicle driving along the two-lanes of the same road did not discover and avoid the vehicle on the part of the Plaintiff who stopped on the part of the Defendant’s front vehicle, resulting in the collision of the part adjacent to the left side of the Plaintiff’s vehicle on the part of the Plaintiff, thereby getting injured E, etc. on the part of the Plaintiff (hereinafter “instant accident”).

C. The Plaintiff, as an insurer of the Plaintiff’s vehicle, paid KRW 34,471,460 in total to E as damages by June 18, 2015.

[Ground for Recognition: Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3-1, 2, Gap evidence 6-1 through 4, Gap evidence 7, Eul evidence 2 and 5, the purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion asserts that the Defendant’s vehicle was negligent in driving the instant vehicle, and that the Defendant’s vehicle’s fault in the instant accident is at least 80%, and that the Defendant’s vehicle’s fault in relation to the instant accident is at least 27,577,168 won (=34,471,460 won x 80%) and that the Defendant’s interest or delay damages therefrom are sought.

B. Determination of Gap evidence 3-1, 2, 6-1 to 4, 2-2, 5-2, and 5-2.

유사 판례

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