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(영문) 서울중앙지방법원 2015.12.04 2015나34986
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. With respect to the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurer who concluded each automobile insurance contract with respect to the D vehicle (hereinafter “Defendant”).

B. On April 9, 2013, at around 23:30, F driven the Defendant’s vehicle, and driven the Defendant’s vehicle into the Defendant’s G vehicle (hereinafter referred to as “damageed vehicle”) driving on the part of the Government in the vicinity of the three-lane road adjacent to the intersection of the two-lanes of the two-lane road in Seocheon-si, Seocheon-si, Nowon-gu, Seoul Special Metropolitan City, along the three-lane road adjacent to the intersection of the two-lane road.

(hereinafter referred to as prior accident). Prior accident, the defendant's vehicle was parked in the three-lane of the above road, and the damaged vehicle was stopped in front of the defendant's vehicle.

A, around 23:39 on April 9, 2013, when driving the Plaintiff’s vehicle and parked along the three-lanes of the said road, the Defendant’s rear part of the Plaintiff’s vehicle was shocked with the front part of the front part of the Plaintiff’s vehicle. However, due to its shock, the Defendant’s vehicle was shocked between the Defendant’s vehicle and the damaged vehicle in order to deal with the prior accident, resulting in the Defendant’s injury to the E, such as the bones of the mouth, opening, etc.

(hereinafter referred to as the “instant accident”). C.

From April 17, 2013 to November 21, 2014, the Plaintiff, as the insurer of the Plaintiff vehicle, paid KRW 113,853,540 in total to E for medical expenses, agreed fees, etc. incurred from the instant accident. D.

As the deliberation number 2013-012370, the Plaintiff filed a request for deliberation against the Defendant to the effect that the Defendant shall pay KRW 2,344,255 out of the insurance money paid by the Plaintiff to the Plaintiff (hereinafter referred to as the “instant request for deliberation”) on the premise that the Defendant’s liability ratio of the Defendant’s driver with respect to the instant accident is 50%, with respect to KRW 4,688,510 of the insurance money paid to E, which was paid at that time by the Deliberation Committee on Automobile Insurance (hereinafter referred to as the “Deliberation Committee”).

E. The Deliberative Committee shall be on June 16, 2014.

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