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(영문) 전주지방법원 2016.11.16 2016가합1044
구상금
Text

1. The Defendant’s KRW 99,00,000 for the Plaintiff and 5% per annum from May 16, 2015 to November 16, 2016, respectively, shall be the Plaintiff.

Reasons

A. The Plaintiff’s vehicle, on the left side of the front side of the Defendant’s vehicle, shocked the right side of the rear side of the Plaintiff’s vehicle (hereinafter “the instant primary accident”), and 8-10 minutes after the occurrence of the first accident, and the Plaintiff’s vehicle stopped on the first lane of the expressway due to the said first accident, and the second accident occurred as the vehicle was shocked.

(C) On February 9, 2015, the first accident at 06:0 (1) on February 9, 2015: on February 9, 2015, the first accident at a point 253.2 km in the direction of YYYYYYYYYYY : The second accident at the right side of the Defendant’s front side of the front side of the vehicle following the Plaintiff: The second accident at the point of the first accident at the point of the first accident at the point of the first accident at the point of the first accident to the point of the accident to the end of the accident to the end of the second accident to the end of the vehicle following the Plaintiff: The second accident at the point of the first accident to the end of the accident to the end of the first accident to the end of the second accident to the end of the second accident to the end of the vehicle following the Plaintiff’s vehicle, which was stopped on the first lane to the point of the first accident to the end of the accident to the present situation of the accident * the present situation of the accident.

C. The committee for deliberation on the dispute over the ratio of negligence to the second accident of this case deliberated that the ratio of negligence to the second accident of this case was 40% of the plaintiff vehicle and the damaged vehicle was 60%, and the above deliberation was finalized as it is.

On May 15, 2015, the Plaintiff died of E, a driver of the damaged vehicle due to the second accident of this case, and on May 15, 2015, the Plaintiff paid KRW 330,000,000 for damages to F, the bereaved family member of E, and agreed on the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Eul evidence 3 and 4 (including additional numbers), the purport of the whole pleadings

2. Determination

A. (1) The plaintiff's assertion of the parties (1) acquired the right of subrogation against the defendant in accordance with the insurer subrogation doctrine under Article 682 of the Commercial Act, and the negligence of the defendant's vehicle in relation to the accident of this case can be determined as 90%.

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