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(영문) 서울남부지방법원 2018.01.11 2017가단228117
구상금
Text

1. The Defendant’s KRW 18,454,50 for the Plaintiff and 5% per annum from December 31, 2016 to January 11, 2018.

Reasons

1.The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings at Gap evidence 1 to 5, Eul evidence 1, Eul evidence 2-1, Eul evidence 2 and video.

The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with Nonparty A on the Benz Vehicle owned by it (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with Nonparty C on the DK5 Motor Vehicle owned by it (hereinafter “Defendant Motor Vehicle”).

B. On November 29, 2016, E, the business owner of Nonparty A Co., Ltd., driving the Plaintiff’s vehicle at around 11:10 a.m., and driving the Plaintiff’s vehicle at around 11:10 a.m., Geumcheon-gu Seoul Metropolitan Government Sok Incheon at a point of 1kmm in the direction of Incheon, and a point of going to the Seo-dong Highway Incheon and the Young-dong Highway west.

On the other hand, the non-party C, while driving the defendant vehicle at the time, tried to enter the above point into the Young-dong Highway as a hilling area of the above quarter, but it later recognized it as soon as possible, and tried to drive the vehicle to the Gangnam direction through the safety zone located on the left side.

At this time, E, while operating a vehicle behind the Defendant vehicle, changed the vehicle to a one-lane in order to enter the hill of the said vehicle, and entered the safety area as above, followed by the right side of the Defendant vehicle extending over the said one-lane, and shocked into the part of the panion in front of the left side of the Plaintiff vehicle.

(hereinafter referred to as "the accident of this case". The safety zone where the defendant's vehicle entered into the safety zone was installed with no entry salary.

C. On December 30, 2016, the Plaintiff paid KRW 36,909,000 as the repair cost for the Plaintiff’s vehicle due to the instant accident.

2. The plaintiff asserted by the plaintiff is the cause of the claim in this case, and the accident in this case is caused by the whole negligence of the driver of the defendant vehicle.

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