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(영문) 서울중앙지방법원 2018.12.13 2017가단5128612
구상금
Text

1. Defendant B’s KRW 31,590,000 and the Plaintiff’s annual rate of KRW 5% from February 17, 2015 to July 28, 2017.

Reasons

1. Basic facts

A. With respect to Nonparty D and E Freight (hereinafter “Plaintiff”), the Plaintiff is an insurer who entered into an automobile insurance contract with Defendant C (hereinafter “Defendant Company”) with respect to Defendant B (hereinafter “Defendant”).

B. At around 14:40 on October 9, 2012, Defendant B driven the Defendant’s vehicle and driven the intersection near the G in opticalyang-si, along four-lanes from the publicity center for opticalyang-si to H, in the direction of the five-lane road, the Defendant B shocked the Plaintiff’s right side part of the fuel cycle of the Plaintiff’s vehicle running along the one-lane from the port side to the port side of the yellow-dong road, which led to the collision between the Defendant’s front driver and the two-lanes of the three-lane road (hereinafter “instant accident”). As a result, the J, who was accompanied by the Defendant’s vehicle, caused the injury of the Defendant’s blood transfusion, etc. (hereinafter “instant accident”).

C. On February 16, 2015, the Plaintiff paid KRW 63 million to J as compensation for the injury and disability caused by the instant accident (hereinafter “instant insurance proceeds”). After that, Defendant Company received 6,300,000 won of the liability insurance proceeds stipulated under the Guarantee of Automobile Accident Compensation Act (Grade 14) on April 28, 2015.

On the other hand, with regard to KRW 3.8 million paid as insurance money for the damage caused by the instant accident, the Plaintiff filed a request with the K Committee for deliberation on the ratio of negligence of the Plaintiff and the Defendant vehicle. On April 6, 2015, the K Committee set the ratio of liability for the Plaintiff vehicle to 40% and the ratio of liability for the Defendant vehicle to 60%, respectively, and decided to adjust the amount of liability for the Defendant vehicle to 2.2.8 million, and the said decision (hereinafter “instant decision”) became final and conclusive as it is.

E. Under the insurance terms and conditions of the Defendant Company, “the insured uses insured motor vehicles for the employer’s business” as one of the general exemptions that did not compensate for the subject matter of liability II.

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