(영문) 서울중앙지방법원 2016.09.22 2015가단5323048

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(영문) 서울중앙지방법원 2016.09.22 2015가단5323048

구상금

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1. The Defendant’s KRW 23,876,217 as well as the Plaintiff’s KRW 5% per annum from March 4, 2015 to September 22, 2016, and thereafter.

Reasons

1. Basic facts

A. The parties concerned are the insurers who have concluded a comprehensive motor vehicle insurance contract with respect to ARay Car (hereinafter “Plaintiff”), and the Defendant is a mutual aid entrepreneur who has concluded a mutual aid agreement with respect to B 11.5 tons of car trucks (hereinafter “Defendant”), respectively.

B. (1) On January 3, 2014, around 03:10 on January 3, 2014, C was driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle on a two-lane of the expressway that is located near the book principle at the time of their stay into the Daegu Myeon in the petition, and was assigned from the drinking state to the driver’s negligence (hereinafter “victim”).

2) The Defendant’s vehicle stops on the side of the two lanes following the collision, which led to the collision (hereinafter “the first collision”) of the damaged vehicle (hereinafter “the first collision”). The two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the damaged vehicle and the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the damaged vehicle, and the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the vehicle, and the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the vehicle. (hereinafter “the instant accident”).

4) The driver E of the affected vehicle suffered injury in need of 8 weeks’ medical treatment, such as pressure gale No. 12, and the damaged vehicle was completely destroyed.

C. By March 3, 2015, the Plaintiff, as the insurer of the Plaintiff, paid KRW 51,576,290, the agreed amount and treatment expenses incurred from the instant accident, KRW 8,759,100, the cost of repairing the damaged vehicle, KRW 18,052,00, and KRW 1,200,000, in total due to the damage of the loaded goods of the damaged vehicle, and KRW 79,587,390, in total due to the damage of the inside equipment of the damaged vehicle.

[Reasons for Recognition] There is no dispute.

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