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(영문) 광주지방법원 2017.04.26 2016가단514256
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, as an insurer, concluded an integrated motor vehicle insurance contract with A and B personal transport car owned by A (hereinafter “Plaintiff”) with respect to the registered insured person A and the term of the contract from November 13, 2014 to November 13, 2015.

The defendant is the automobile insurance company for the vehicle C(hereinafter, the defendant vehicle).

B. A, around November 17, 2014, driving the Plaintiff’s vehicle and driving the front front of the Yong-dong, Youngnam-dong, Seoul-dong, Seoul-dong, which is a part of the two-lanes, with a single-lane distance from the string distance.

The Defendant’s vehicle was sent to the “intersection” in front of the Jeonnam-gu Campus, and D, while driving the Otoba, was going to the left after the Defendant’s vehicle while driving the E to the left.

A had the right turn to the front part of the Plaintiff’s vehicle (hereinafter referred to as “the accident in this case”) and D suffered injury due to the accident in this case.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 (hereinafter referred to as dynamic image, and the time room in the court), 4, 5, Eul 1 (including paper numbers), the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that the Plaintiff paid KRW 105,531,490 during the period from December 17, 2014 to April 29, 2016 as the medical expenses of D according to the insurance contract with A, and accordingly, the Defendant was exempted from the obligation to the extent of exemption.

The above accident is caused by the negligence of the defendant vehicle that stops while making a internship in the zone where the internship is prohibited, and the negligence of the plaintiff vehicle that did not go through the intersection is concurrent, so it is reasonable to view the liability ratio as 50% each of the two parties.

Therefore, the defendant is obligated to pay to the plaintiff 52,765,745 won (105,531,490 won x0.5) equivalent to the ratio of negligence of the defendant's vehicle among the above money as compensation.

B. First of all, the Plaintiff’s assertion that the U.S. started to stop in the U.S. districts was insufficient to recognize the above two matters only by the evidence as seen earlier.

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